Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s Perfect Mechanical Industries Versus State of Haryana & Others

2015 (5) TMI 914 - PUNJAB & HARYANA HIGH COURT

Stay application - Penalty imposed under Section 9(2) of the Central Sales Tax Act, 1956 - Held that:- A perusal of the recovery notice under the Land Recovery Act dated 24.11.2014 would go on to show that recovery was only made regarding the bank guarantee which has already been done. In such circumstances, once the petitioner himself has given his consent for the recovery of the tax amount along with interest, in view of being unsuccessful in appeal, we are of the opinion that subsequently, th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, 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 Sandeep Goyal, Adv. For the Respondent : Ms Mamta Singla Talwar, AAG, Haryana JUDGMENT G. S. Sandhawalia,J. 1. The petitioner, who is a propri .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tax and interest to the tune of ₹ 1,46,00,000/-, which has been recovered by encashing the bank guarantee in terms of Section 35(5) of the VAT Act, without any intimation to the petitioner. 2. Counsel for the petitioner has vehemently submitted that the first appeal of the petitioner was dismissed on 19.11.2014 (Annexure P3) by the First Appellate Authority, namely, the Joint Excise & Taxation Commissioner and the order was supplied on 24.11.2014. The bank guarantee which had been sub .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ection 38 read with Section 9(2) of the CST Act, totalling to the tune of ₹ 3,66,33,535/-. 5. The petitioner preferred an appeal before the First Appellate Authority, which asked for furnishing bank guarantee for the tax and interest element and eventually, the appeal was dismissed on 19.11.2014, in pursuance to which, the bank guarantee was encashed on 24.11.2014, against which, the petitioner is, now, aggrieved for not been given prior intimation before encashing. 6. A perusal of the wri .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nal invocation of the Assessing Authority-cum-Excise & Taxation Officer. The petitioner, 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 Si .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version