TMI Blog2014 (5) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... 12 passed by Hon'ble Supreme Court in SLP (C) No.244 of 2012 by which 50% of the accrued tax liability/arrears under the U.P. Tax on Entry of Goods into Local Areas Act, 2007 was stayed with directions to deposit 50% of the tax liability/arrears including interest and penalty and furnishing bank guarantees for balance amount as and when demand notices are issued under the Act for the past period. So far as future period is concerned, the Supreme Court directed the appellant to continue to pay tax at the prescribed rate/s as applicable to each one of the assessee. 3. On 16.9.2013, 25.9.2013 and thereafter on 8.10.2013 we passed following orders:- Order dated 16.9.2013 "The dispute centers around the compliance of the order of the Supreme Court in SLP (C) No.244 of 2012 dated 18th January, 2012 by which the Supreme Court has stayed 50% of the accrued tax liability/ arrears under the U.P. Tax on Entry of Goods into Local Area Act, 2007 and also directed the appellant to deposit 50% of the tax liability/ arrears including interest and penalty and furnish bank guarantees for balance amount as and when demand notices are issued under the U.P. Act, 2007 for the past period. So far a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ank account over and above the said amount remaining in balance. Shri S.D. Singh, learned counsel appearing for the petitioner submits that on the same day on 16.9.2013, when the interim order was passed, the department recovered the said amount from the bank account of the petitioner. He has filed an amendment application with prayers to amend the writ petition for claiming the amount back from the department, or in the alternative to adjust the excess realised amount against the liability of the value added tax/ commercial tax for the month of September, 2013 onwards that would become due from October, 2013 onwards. The amendment application is allowed. Let necessary amendments be carried out within a week. Shri C.B. Tripathi appearing for the respondents has provided a computation prepared by the Joint Commissioner (Commercial Tax) Corporate Circle (I), Commercial Tax, Kanpur, according to which the entire amount recovered from the bank account of the petitioner relates to the interest of the year 2007-08, and which does not include cash deposits and further that the interest payable has not been deducted on the balance, which is still due to be paid by the petitioner. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Commercial Tax) Corporate Circle (I), Commercial Tax Kanpur dated 21st September, 2013, on which the matter was adjourned for today. After hearing the respective submissions of the parties on the computation dated 21st September, 2013 provided by the respondents, it is agreed between the parties that the deposit of bank guarantee of Rs.52 crores at this stage will prima facie meet the condition of the interim orders passed by Hon'ble the Supreme Court on 18th January, 2012. Shri S.D. Singh, learned counsel for the petitioner, however, submits that on furnishing of bank guarantee of Rs.52 crores the Court may direct the amount of Rs.13,50,09,000/- appropriated from the bank account of the petitioner-company to be adjusted in the current and future demand of the Entry Tax. Shri C.B. Tripathi, the Special Counsel has reservations on the prayer. As an interim measure, we modify the order dated 16.9.2013 to the effect that in case the petitioner furnishes bank guarantee of Rs.52 crores to the satisfaction of the Joint Commissioner (Commercial Tax) Corporate Circle (I), Commercial Tax Kanpur within a period of 15 days from today, he will not press any further demand in pursuance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n raised by the petitioner relates to compliance of the interim orders of Apex Court dated 18.1.2012. Both the parties have produced their computations with accruals and details of deposits and bank guarantees furnished by them of the admitted and disputed liability of entry tax. Shri S.D. Singh prays for adjustment of Rs.13,50,09,000/-, which was released on 16.9.2013 from HDFC Bank Limited, Kanpur. 8. Shri C.B. Tripathi has filed a supplementary counter affidavit on 2.12.2013 in which he has stated in paras 9, 10 and 11 as follows:- "9. That with regard to the contents of paragraph no.4 of the supplementary affidavit it is stated that the total amount of arrears and the deposits made by the petitioner from the year 03-04 to 09-10 is as under:- (i) Total tax assessed Rs.18,641.56 lakhs (ii) Cash deposits Rs.12241.38 + Rs.1350.09 = 13591.47 lakhs (iii) Bank guarantee/indemnity bond 1123.89 + 5200.00 = 6323.89 lakhs (iv) Bank guarantee encashed 4895.61 lakhs (v) Outstanding arrears 1504.54 lakhs (vi) Outstanding demand of interest 4223.47 (-) 1350.09 = 2873.38 lakhs As per interim order of Hon'ble Supreme Court the petitioner is required to deposit 50% of the amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
