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2012 (7) TMI 894 - HIGH COURT RAJASTHANFurnishing of bank guarantee - short paid tax - stay on recovery was granted - whether the petitioner is required to furnish bank guarantee, pending the appeal, when stay was granted on recovery? - Held that: - respondent could not controvert the factual aspect of the submissions made by the petitioner detailing the gross arbitrariness and discriminatory treatment by the Tax Board in dealing with the interim application of the petitioner and requiring bank guarantee vis-a-vis the approach of the Board in other similar matter wherein the Board required only solvent security u/r 77 of Rules, 2006 to cover the interest of the Revenue in the event the appeals were dismissed by the Tribunal - petitioner to furnish a solvent security instead of bank guarantee - petition allowed - decided in favor of petitioner.
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