TMI Blog2014 (2) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... ire amount , in case the appeal is rejected - The petitioner in these three petitions is also similarly placed and therefore, I am of the view that the petitioner should be permitted to execute personal bonds instead of Bank Guarantees - Decided in favour of assessee. - W. P. Nos. 541 to 543 of 2014 - - - Dated:- 23-1-2014 - V. Dhanapalan,JJ. For the Petitioner : Mrs. C. Rekha Kumari For the Respondents : Mr. A. R. Jaya Prathap Addl. Govt. Pleader (Tax) ORDER By consent, the writ petitions are taken up for final disposal at the stage of admission itself. 2. Heard Mrs.C.Rekha Kumari, learned counsel appearing for the petitioner and Mr.A.R.Jaya Pratahp, learned Additional Government Pleader (Tax) for the respondents. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y reversing huge ITC. The validity of the provision of Section 19(20) of TNVAT Act 2006, was challenged before this Court and the validity was upheld in Jayam Co., against which the matter has been taken by way of SLP before the Hon'ble Supreme Court of India and it is pending for disposal. So, in view of the pendency of matter before the Apex Court, the 2nd respondent ought to have kept the matter in abeyance. But, instead of doing so, he rushed through in completing the revision of assessment. iii)The petitioner filed an appeal before the first respondent challenging the Assessment order passed by the second respondent. The appeal was taken on file by the first respondent along with a stay petition filed by the petitioner. The Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot form part of sales turnover; b) that when the matter is pending before the Hon'ble Supreme Court, stay ought to have been granted by the 1st respondent without insisting upon any security and the respondents failed to consider the aspects laid down by this Court to the effect that the appellate authority is bound to consider prima facie case of the dealer, its capacity to pay the amount, merits of the case and the amount involved in the said case. 6. I have heard the learned counsel for the petitioner and the learned Additional Government Pleader (Tax) appearing for the respondents. 7. The present writ petitions are confined to the direction with regard to execution of bank Guarantees for the balance amount of disputed tax. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
