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2015 (10) TMI 1050

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..... n force till February 2016, this Court is of the view that the appeals are to be disposed of within a stipulated time and the recovery proceedings shall be kept in abeyance till the disposal of the appeals. In view of the above, the 2nd respondent/appellate authority is directed to take up the appeals and dispose of the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and till such time no recovery proceedings need be initiated as against the petitioner. It is made clear that the stay of original assessment orders shall be in force till the disposal of the appeals - W.P.Nos.30795 to 30799 of 2015 - - - Dated:- 30-9-2015 - MR. R.MAHADEVAN, J. For The Petitio .....

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..... ect of balance amount of tax and penalty in all the stay petitions. Accordingly, both the conditions imposed by the appellate authority had been complied with by the petitioner and the bank guarantees so furnished are also in force upto 14.02.2016 (TNVAT/2008-09), 19.02.2016 (TNVAT/2009-10) and 28.02.2016 (CST/2007-08 to 2009-10). 4. It is the submission of the learned counsel for the petitioner that the appellate authority though heard the matters in part, inspite of readiness of the petitioner to complete the appeals, the same have not been disposed of. In the meantime, since the stay orders granted were in operation only for a period of six months, the petitioner filed stay extension applications, on which the 2nd respondent had exten .....

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..... absence of production of stay extension orders, recovery proceedings would be initiated. It is the submission of the learned counsel for the petitioner, the petitioner also approached the 3rd respondent on 21.09.2015 and 23.09.2015, who also reiterated the same. Apprehending recovery action would be initiated, the petitioner is before this Court. 4. The petitioner has paid 25% of the disputed tax for the respective assessment years at the time of filing the appeals. Further, as directed by the Appellate authority, the petitioner also made payment of another 25% of the disputed amount. Further, the petitioner has also furnished bank guarantees for the balance tax amount and penalty wherever applicable for all the assessment years and they .....

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