TMI Blog2015 (5) TMI 914X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount should be refunded to him and it was wrongly encashed, without giving him prior notice. - petitioner has submitted that the petitioner shall furnish adequate security, to the satisfaction of the Assessing Authority, in the manner prescribed under Section 33(5) of the VAT Act. - petitioner is granted the benefit of protection of recovery of the amount in dispute, during the pendency of the appeal, subject to the Assessing Authority being satisfied regarding the furnishing of adequate security, as prescribed under Section 33(5) of the VAT Act, within a period of 4 weeks - Conditional stay granted. - CWP No. 24906 of 2014 (O&M) - - - Dated:- 12-5-2015 - S J Vazifdar, ACJ And G S Sandhawalia,JJ. For the Petitioner : Mr Sande ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h he has filed before the Tribunal on 02.12.2014, against the order of the First Appellate Authority. 3. Counsel for the State has seriously opposed the said request, in the present facts and circumstances, which, prima facie, we find very reasonable, keeping in view the conduct of the petitioner, as such. 4. The case of the petitioner, admittedly, is that an assessment order was passed by the assessing authority on 05.12.2013 and an additional demand of ₹ 72,84,261/- was created due to the non-production of the declaration forms, i.e., C-Forms, at the time of assessment. The said forms were, thereafter, produced to the tune of ₹ 68,076,501/- and the demand was, thus, reduced to ₹ 1,36,228/-, which was paid by the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, at that stage, admittedly, also gave his concurrence to the encashment of the bank guarantee, as per letter dated 24.11.2014 (Annexure R2), which was addressed to the bank. The same reads as under: Dear sir You are issued a bank guarantee No.003GT01142460015 in favour of Assessing Authority-cum-Excise and Taxation officer Sector-12, Faridabad (East) for ₹ 1,46,00,000/- (Rs.One Crore Fourty Six Lakh Only) Against FDR no-50300053177422 and 503000053108098 FDR amount for ₹ 1,00,00,000/-. You are authorized to debit balance amount in account no- 50200003880781. Please cash the Bank Guarantee. 7. A further perusal of the recovery notice under the Land Recovery Act dated 24.11.2014 (Annexure R1) would go on to show t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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