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2015 (6) TMI 159 - MADRAS HIGH COURT

2015 (6) TMI 159 - MADRAS HIGH COURT - TMI - Security for the balance amount of taxes not paid - Held that:- Court in a similar occasion, while considering an identical circumstances, dealing with a similar impugned order, modified only the second condition to one of directing the petitioner to execute the personal bond instead of furnishing bank guarantee for the balance amount of tax and penalty. - as there has been an automatic charge created in view of Section 24(2) of the TNGST Act and Sect .....

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s come to this Court challenging the impugned orders passed by the Appellate Deputy Commissioner (CT), Vellore, the first respondent herein, in SP. No.27 of 2015 in APV No.99 of 2015, SP. No.28 of 2015 in APV No.100 of 2015, SP. No.29 of 2015 in APV No.101 of 2015, SP. No.30 of 2015 in APV No.102 of 2015, SP. No.31 of 2015 in APV No.103 of 2015, SP. No.32 of 2015 in APV No.104 of 2015 and SP. No.33 of 2015 in APV No.105 of 2015 to quash and consequently direct the first respondent to grant an ab .....

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tion 9 of the CST Act. A joint reading of this provision clearly shows that there has been an automatic charge created on the assets of the petitioner and therefore, there is no necessity for a direction to file security for the balance amount of taxes. That apart, at the time of filing an appeal, the petitioner has also deposited 25% of the disputed tax amount and again when the stay application has been taken up, the first respondent directed the payment of another 25% of the disputed tax amou .....

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