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2014 (4) TMI 757

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..... at:- The operation of the impugned judgment and order is stayed subject to the appellants depositing 50% of the accrued tax liability/arrears and furnish bank guarantee for the balance amount – The deposit shall be made after adjusting the amount(s) paid or deposited during the pendency of the Writ Petition before the High Court – Decided in Favour of assessee. - Special Leave to Appeal (Civil) N .....

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..... rused the records. We are not inclined to grant the blanket stay order as prayed for by the appellants. Accordingly, we pass the following order : The operation of the impugned judgment and order is stayed subject to the appellants depositing 50% of the accrued tax liability/arrears under the A.P. Act, 2001 and furnish bank guarantee for the balance amount within four weeks from today. I .....

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..... ng, it shall refund to the appellants the amount deposited with interest at the rate which may be fixed by this Court. It is also made clear that in case the appellants loses the matter, the Department is at liberty to encash the bank guarantee(s) offered by the appellants and also issue demand notice(s) demanding interest, and penalty on the amount outstanding as arrears of tax. The appella .....

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..... ants in the affidavits filed insofar as the tax burden being passed on the consumers directly or indirectly. Liberty is granted to the respondents to file appropriate application before this Court for modification of the interim orders granted, if for any reason, the appellants in these cases have passed on the tax burden on the consumers. I.A.No.3 is disposed of accordingly. - - TaxTMI - T .....

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