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EDDY CURRENT CONTROLS (INDIA) LTD Versus COMMERCIAL TAX OFFICER, CHALAKKUDY AND OTHERS

2016 (8) TMI 173 - KERALA HIGH COURT

Stay of demand of CST - the Commercial Tax Officer, directed the petitioner to furnish the security for the balance amount in the form of bank guarantee or security in the form as stipulated in Form No.6 with solvency certificate within the stipulated time. - Held that:- It is evident from Rule 19 (2) (e) and various sub clauses that several forms of security can be furnished in lieu of the payment of the amount. When the appellate authority had clearly indicated that the petitioner can seek for .....

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nd P12 and for a direction to the first respondent to accept Ext.P10 security bond furnished by the petitioner as sufficient compliance of Ext.P8 order. 2. The facts available in the writ petition would disclose that by Ext.P8, the petitioner was granted stay of collection of the disputed tax for the assessment years 2007- 2008 and 2008-2009 under the CST Act, on condition of the petitioner remitting ₹ 36,000/- and ₹ 10,000/- respectively for the corresponding years and furnishing ad .....

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ate within the stipulated time. A similar order was passed as Ext.P12. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. The main contention urged by the petitioner is that insofar as the appellate authority had permitted the petitioner to furnish security in any of the form stipulated under the Act, it was not open for the assessing authority to have demanded security by way of bank guarantee. Rule 85 of the Kerala Value Added Tax Rules, 2005 reads as follow .....

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bond shall be in Form No.6A, with suitable modification wherever necessary. (2) Where the order of the appellate or revisional authority does not specify the form in which and the authority before which the security is to be furnished, the security shall be furnished before the authority passing the original order under appeal or revision, in such form as such authority may direct. (3) Where the security is furnished in the form of a security bond, the sureties furnished shall be solvent for th .....

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