TMI Blog2008 (8) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... t, Government of Orissa? Held that:- This court does not interfere in interim matters particularly when the matter concerns levy of tax. However, this is a peculiar case for two reasons, i.e., BPCL Ltd., is a public sector company in a priority sector which is obliged to sell kerosene via PDS route. The demand is for Rs. 1.34 crores (approx.) and, in the circumstances, we are of the view that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vocates, with him) for the respondents. R.F. Nariman, Senior Advocate (for IOC) and V.A. Bobde, Senior Advocate (for BPCL) (Hrishikesh Baruah, Raka Bejoy Phookan, Arjun Bobde, Shailesh Madiyal and Jagjit Singh Chhabra, Advocates, with them) for the appellants. -------------------------------------------------- ORDER Leave granted. The fundamental issue which arises for d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 65 lakhs. Being aggrieved, a writ petition came to be filed by the appellant-company. By the impugned order, the High Court directed the appellant-BPCL to pay a sum of Rs. 20 lakhs pending hearing and final disposal of the appeal by the Assistant Commissioner of Sales Tax. Hence this civil appeal. Normally, this court does not interfere in interim matters particularly when the matter concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee months from today. Before concluding, we may also record that BPCL through its counsel has given an undertaking to this court that in the event of the department succeeding in the appeal pending before the Assistant Commissioner of Sales Tax, Cuttack, it will pay the tax due with interest in accordance with the provisions of the Orissa Sales Tax Act, 1947. Before concluding, we may point ou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
