TMI Blog2016 (6) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... is passed considering the peculiar facts and circumstances of the case, and not be treated as precedent. - Writ Petition Nos.3141 to 3143, 6294 to 6296 and 8015 of 2016 (7 cases), W.M.P.Nos.2578 to 2580, 5615 to 5617 & 7121 of 2016, W.P.No.3141 of 2016 - - - Dated:- 3-6-2016 - T. S. Sivagnanam, J. For the Petitioners : Mr. C. Natarajan Senior Counsel for Mr. N. Prasad For the Respondents : Mr. V. Haribabu Additional Government 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) (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions. The first condition is to pay 25% of the disputed tax, and the second condition is to furnish bank guarantee for the remaining amount. So far as second condition is concerned, viz., the condition requiring the 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, coming to the first condition, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng, 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 undertaking from the appellant/Corporation that, in the event of the Department succeeds in the Appeal, pending before the Assistant Commissioner of Sales Tax, the appellant will pay the tax due with interest in accordance with Orissa Sales Tax Act. 8. The decision rende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.89,84,389.00 5 6295/2016 2010-2011 Rs.57,63,43,260/- Rs.2,88,17,163.00 6 6296/2016 2011-2012 Rs.28,50,03,555 Rs.1,42,50,178.00 CHENNAI PETROLEUM 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010 Rs.4,49,21,944/- 5 6295/2016 2010-2011 Rs.14,40,85,817/- 6 6296/2016 2011-2012 Rs.7,12,50,888/- CHENNAI PETROLEUM CORPORATION Sl.No. W.P.No. Assessment Year 25% Demanded Tax 1 8015/2016 2010-2011 Rs.26,23,14,606/- 10. As pointed out by the 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 C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed considering the peculiar facts and circumstances of the case, and not be treated as precedent. The Appellate Authority is requested to conclude the proceedings at the earliest, and pass a speaking order. 13. Since the learned counsel for the petitioner, in course of arguments, has brought to the notice of this Court that, in the event, the appellant fails in the Appeal, obviously, they have to comply with other conditions while questioning the correctness of the order before the appellate forum i.e., Tribunal. Hence, this Court is inclined to adopt the same observation, as made by the Hon'ble Supreme Court in the above referred case. Accordingly, the petitioners herein, being public sector companies, and as of now are substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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