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2016 (1) TMI 49 - MADRAS HIGH COURT

2016 (1) TMI 49 - MADRAS HIGH COURT - TMI - Recovery of tax when the appeal is pending before the appellate authority - deposit of 50% dues followed by Bank guarantee - Penalty - 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. The petitioner has also furnished bank guarantees for the balance tax amo .....

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ent years as well as furnishing bank guarantee for the remaining 50% of the disputed tax and penalty wherever applicable, which are still in force, 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. - Petition disposed of. - W. P. Nos. 33552 to 33555 of 2015, M. P. Nos. 1 & 2 of 2015 - Dated:- 16-10-2015 - R. Mahadevan, J. For the Appellant : Mr. N Inbarajan For the Res .....

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orbear the first respondent from proceeding with any recovery, pending disposal of the appeals filed by the petitioner in AP.Nos.21, 170, 08 & 174 /2014, arising out of assessment year CST.2007-08, CST.2010-11, CST.2011-12 & CST.2012-13 respectively, on the file of the 2nd respondent. 3. According to the learned counsel for the petitioner, originally, challenging the assessment orders of the 1st respondent for the years CST.2007-08 & CST.2010-12 to 2012-13, appeals were filed along w .....

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petitioner to furnish bank guarantees in respect 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 have also been furnished by the petitioner. 4. Thereafter, pending the appeals, 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 extended t .....

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