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2022 (9) TMI 1053 - MADRAS HIGH COURTSupplier company seeking security depositing against interstate sale - C-Forms - differential sales tax - Section 43 of the PVAT Act - HELD THAT:- It is abundantly clear that IOCL is, by providing for this requirement, protecting itself against any unanticipated liability, including shortfall of C Forms in cases of defaulting dealers, to be made by a dealer either in cash or by way of security, whenever called upon by the Corporation, pending subsistence of the agreement. There is no doubt that a dealer can be called upon to furnish a Bank Guarantee in any exigency as contemplated by the Corporation, and the dealers would have no choice but to comply - the mandamus as sought for by the petitioners is not liable to be granted and the prayer is rejected. The dealers may, if they so desire, make representations to the Corporation setting out the track record of both, their history with the Corporation, as well as the tax authorities. Upon hearing the dealer concerned and considering the representation filed, the Corporation may, at its discretion, and on a case-to-case basis, waive the requirement of bank guarantee. Petition dismissed.
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