TMI Blog2007 (11) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... nditional order of stay and the financial constraint expressed by the petitioner, it is suffice that the petitioner is directed to offer sufficient security in form of personal bond to the satisfaction of the assessing officer, in respect of the amounts due and payable towards balance of tax at ₹ 1,72,449 and penalty of ₹ 5,17,347, totaling of ₹ 6,89,796 (rupees six lakhs eighty nine thousand seven hundred and ninety six only), within a period of three weeks from today, failing which, the writ petition stands dismissed without further reference to this court. - W.P. No. 34248 of 2007 - - - Dated:- 14-11-2007 - MANIKUMAR S. , J. ORDER:- S. MANIKUMAR J. The petitioner has challenged the order of the Appellate A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stay subject to the following conditions: (i) To pay tax of Rs. 86,224 (rupees eighty six thousand two hundred and twenty four only) to the assessing officer on or before October 29, 2007. (ii) To furnish sufficient security in the form of bank guarantee/ immovable property to the satisfaction of the assessing officer on or before October 29, 2007 for the balance amount of tax of Rs. 1,72,449 and penalty of Rs. 5,17,347, totaling of Rs. 6,89,796 (rupees six lakhs eighty nine thousand seven hundred and ninety six only). Challenging the conditional order of stay, the petitioner has preferred the present writ petition contending inter alia that when the assessment order itself is void ab initio, in view of the clarification dated M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any notification issued under the CST Act, 1956, the petitioner is not eligible for exemption on the turnover of inter-State sales. Entry under Part B of the Third Schedule would be relevant and reads as follows: The following items were notified by the Government in G.O. Ms. No. 30 CT (B1), dated March 27, 2002, Notification No. II(1)/CT/ 19(b3)/2002 gazette dated March 27, 2002 Effective from March 27, 2002. Notification In view of the fact that the intraocular lenses is exempt from tax and taking note of section 8(2A) of the CST Act, I am of the considered view that the petitioner has made out a prima facie case, and when the issue is pending before the appellate authority as regards the liability of the petitioner to pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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