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2015 (12) TMI 423 - MADRAS HIGH COURT

2015 (12) TMI 423 - MADRAS HIGH COURT - TMI - Stay application - Recovery proceedings - Enforcement of bank guarantee - Held that:- 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 as .....

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isputed tax for all the assessment years as well as furnishing bank guarantee for the remaining 50% of the disputed tax and penalty wherever applicable, which are still in force till March 2016, this Court is of the view that till final orders are passed in the appeals, the recovery proceedings shall be kept in abeyance. - Stay granted. - W.P.Nos.34086 to 34089 of 2015, M.P.Nos.1 of 2015 - Dated:- 27-10-2015 - R. Mahadevan, J. For the Appellant : Mr. N. Inbarajan For the Respondent : Mr. S. Kanm .....

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l of A.P. Nos.156, 155, 83 of 2014 and 12 of 2015 by the 2nd respondent herein. 3. According to the learned counsel for the petitioner, originally, challenging the assessment orders of the 1st respondent for the years TNGST.0802250/2003-04 and 2004-05 and TIN 33410802250/2006-07 and 2011-12 respectively, 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 Joint Commissioner (CT) Appeal .....

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gly, 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 16.03.2016 for the years 2003-04, 2004-05 and 2005-06 and in force till 03.03.2016 for the year 2011-12. 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 th .....

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n of bank guarantee will take place or garnishee order will be issued to the Bankers to recover the balance of tax. The petitioner has filed again stay extension applications in all the aforesaid appeals on 14.10.2015. On 19.10.2015, the petitioner addressed the 1st respondent, drawing his attention to the fact that the 2nd respondent had already reserved orders in the appeals and they have also filed extension of stay applications on 14.10.2015 itself. However, the same are yet to be heard and .....

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drew the attention of the 2nd respondent the threat of recovery by the 1st respondent as contained in the notice dated 08.10.2015, the 2nd respondent has made it very clear that no further extension of stay will be granted as orders have already been reserved on 06.10.2015 itself. It is the grievance of the petitioner, according to the learned counsel for the petitioner that as on date the 2nd respondent has yet to pass final orders in the aforesaid appeals nor the stay extension applications we .....

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