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M/s. Indian Oil Corporation Ltd. Versus The Deputy Commissioner (CT) -IV (FAC) , LTU, The Joint Commissioner (CT) (Appeals)

2016 (6) TMI 1064 - MADRAS HIGH COURT

Pre-deposit - petition against the direction of pre-deposit of 25% of the disputed tax and to furnish bank guarantee for the remaining amount - Held that:- the Writ Petitions filed by petitioners are partly allowed, and the first condition, requiring the petitioners to pay 25% of the disputed tax in each of the cases are set aside, and the second condition, requiring the petitioners to furnish bank stands modified and the petitioners are hereby, directed to furnish personal bond for the entire d .....

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t Pleader ORDER These Writ Petitions, viz., W.P.Nos.3141 to 3143 and 6294 to 6296 of 2016, have been filed by M/s.Indian Oil Corporation Ltd., (for short, 'IOCL'), seeking for issuance of a writ of certiorari to quash the orders passed by the second respondent/Joint Commissioner (CT) (Appeals) in Applications praying for stay of collection of the balance amount of tax, demanded from them, and consequently, to direct the second respondent to dispose of the Appeals filed by the petitioner. .....

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u, learned Additional Government Pleader, for respondents. 5. It may not be necessary to go into the factual aspects of the matters, as to what was the nature of transaction, as to how the Assessing Authority proceeded with the matter, etc., for the simple reason that, this Court is called upon to examine as to whether the exercise of discretion by the Appellate Authority, while granting order of stay is proper and justified. 6. It is not in dispute that the petitioner, while filing Appeal Petit .....

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petitioner to furnish bank guarantee, this Court, in several cases, interfered with such condition, taking into consideration the plight of the dealer and the balance of convenience, especially, when pre-deposit has been effected and to safeguard the revenue, and modified the condition as one of furnishing personal bond. 7. In the cases on hand, there is no reason as to why such indulgence should not be shown to the petitioners, moreso when the petitioners are State owned Corporations. Now, comi .....

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another Oil Company, via PDS route, was exempted from sale tax, in terms of the notification issued under the provisions of Orissa Sales Tax Act. Before the Assistant Commissioner of Sales Tax, application was filed for grant of stay, which was refused, as against which, Revision was preferred before the Commissioner of Commercial Taxes, who partly allowed the Revision Petition, and directed the appellant therein to pay a sum of ₹ 65,00,000/-. This order was questioned in a Writ Petition b .....

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a public sector undertaking, in a priority sector, and the demand was, ₹ 1.34 Crores approximately, the Hon'ble Supreme Court held that, to call upon BPCL to deposit a huge amount of ₹ 1.34 Crores approximately, would have a serious effect on the PDS Sales, and the Court was satisfied that BPCL is a substantial company, and it is in a sound financial position, and it can discharge its liability at a later date, if need be. The Hon'ble Supreme Court also proceeded to record an .....

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spute. However, this will not, in any manner, alter the decision, since the petitioners herein are also a public sector Company/ Corporation. 9. The details as to what is the amount of tax and penalty demanded from the petitioner; 25 % of the disputed tax paid by the petitioner as pre deposit; now, the amount sought to be demanded from the petitioner, excluding the mandatory deposit of 25%, are set out in the form of a tabulated columns below under the captions 'A' 'B' and 'C .....

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M CORPORATION Sl.No. W.P.No. Assessment years Tax demanded Penalty 1 8015/2016 2010-11 Rs.104,89,09,254.00 Rs.157,34,11,111.0 'B' Sl.No. W.P.No. Assessment years 25% Pre-Deposited Amount 1 3141/2016 2006-2007 Rs.1,41,81,122.00 2 3142/2016 2007-2008 Rs.9,40,79,858.00 3 3143/2016 2008-2009 Rs.4,76,91,001.00 4 6294/2016 2009-2010 Rs.4,49,21,944.00 5 6295/2016 2010-2011 Rs.14,40,85,815.00 6 6296/2016 2011-2012 Rs.7,12,50,889.00 CHENNAI PETROLEUM CORPORATION Sl.No. W.P.No. Assessment years 25 .....

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e Hon'ble Supreme Court, it would be inequitable to call upon the public sector company to pre deposit this amount, as it may have other repercussion on the wellbeing of the Company, that too, at this stage, when the Appeal Petitions are pending before the Appellate Authority. That apart, when the Writ Petitions were entertained, interim order was passed on 01.02.2016, directing the respondents not initiate any recovery proceedings against the petitioner. The Appellate Authority understood t .....

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