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TMI Blog2014 (7) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of reassessment passed under Section 39 of the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as 'the Act' for brevity) by the 2nd respondent. Petitioner has also stated that as against the order of reassessment, it has filed an appeal before the 4th respondent-Joint Commissioner of Commercial Taxes (Appeals) but the said appeal has not yet been taken up for hearing. In the interregnum, the impugned endorsement has been issued. 2. I have heard the learned Counsel for the petitioner and learned AGA for the respondents and perused the material on record. 3. During the course of submission, learned counsel for the petitioner drew my attention to Section 62 of the Act, which deals with appeals. Sub-section 4 of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g. It was therefore contended that relief be granted to the petitioner by waiving the deposit of even 30% of the tax amount. 5. Per contra, learned AGA appearing for the respondents expressed apprehension on any such waiver being granted to the petitioner as it could become precedent in respect of other assesses and it would be by passing the provision of sub-Section 4 of Section 62 of the Act. He also contended that the petitioner is a company which is in comfortable financial condition and that no hardship whatsoever would be caused to the petitioner, if the statutory deposit is to be made. He also contended that the Hon'ble Supreme Court granted relief to Bharath Petroleum Corporation Limited having regard to the fact that it was a publ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the dues need not be deposited before the appellate authority and instead of waiving deposit of 30% of the tax amount before the appellate authority, the petitioner is directed to give a bank guarantee to the satisfaction of the appellate authority on or before 01.08.2014. If such a bank guarantee is given by t he petitioner, the appellate authority to consider the case of the petitioner on merits and dispose it in accordance with law. In addition, petitioner also undertake to pay the entire tax dues with interest in accordance with provisions of the Act within a period of one month from the date of the order of the appellate authority in case it is unsuccessful before that authority. This undertaking is of course is subject to any furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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