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2015 (10) TMI 1050 - MADRAS HIGH COURT

2015 (10) TMI 1050 - MADRAS HIGH COURT - TMI - Recovery proceedings - pending extension of stay applications - Held that:- Extension of stay petitions filed by the petitioner were not heard. In the meantime, on 08.09.2015, the 3rd respondent herein issued a notice directing the petitioner to produce stay orders for the years 2008-09 and 2009-10, in the absence of which, recovery action will be initiated. Since the revenue of the department is very much safeguarded by remitting 50% of the dispute .....

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e 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 Petitioner : Mr.N.Inbarajan For The Respondents : Mr.S.Kanmani Annamalai, AGP(T) ORDER Heard the .....

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osal of A.P. No.34 to 36 of 2014 and 109 and 110 of 2014 respectively by the 2nd Respondent. 3. According to the learned counsel for the petitioner, originally, challenging the assessment orders of the 1st respondent for the years TNVAT/2008-09 and 2009-10 and CST/2007-08 to 2009-10, appeals were filed along with stay applications by the petitioner by remitting mandatory deposit of 25% of the tax demanded for all the assessment years before the Appellate Deputy Commissioner (CT) III, Chennai. Th .....

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y 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 w .....

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s filed before the Appellate Deputy Commissioner (CT) III, Chennai, were transferred and re-numbered as A.P. No.34 to 36 of 2014 and 109 and 110 of 2014 respectively to be heard by the Appellate Deputy Commissioner (CT) Central, Chennai, the 2nd respondent herein. However, the appellate authority, who had earlier heard the appeals continued to retain jurisdiction over the same as the 2nd respondent herein. 6. Be that as it may, according to the learned counsel for the petitioner, on 08.09.2015, .....

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all the appeals on 21.09.2015, however, no orders were passed till date. The 1st respondent had made it very clear that in the 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 p .....

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