TMI Blog2018 (11) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... to direct the petitioners to deposit 10% of the amount claimed against it, with the appropriate authorities within four weeks from date - application disposed off. - W.P. No. 201 of 2013 - - - Dated:- 16-7-2018 - Debangsu Basak, J. Shri J.P. Khaitan, Senior Advocate with Agnibesh Sengupta, Advocate, for the Petitioner. Shri Bhaskar Prasad Benerjee, Advocate, for the Respondent. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal can be entertained by the appellate authority upon the assessee depositing a sum equivalent to 7 % of the tax in dispute. He seeks leave of the Court to put in such amount with the appellate authority in accordance with the provisions of Section 35F of the Act, 1944 for the appeal to be heard and disposed of on merits. 4. Learned Advocate appearing for the respondents submits that, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant depositing 7 % of the sum found due from the appellant under the order-in-original. 6. In the present case, the demand against the petitioners is in excess of ₹ 64 lakh. It has secured a sum of ₹ 32 lakh by way of bank guarantee which is valid till November 30, 2018. Experience of the Court has shown that, a person, may refuse to extend the validity period of the bank guaran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uested to hear and consider the appeal in accordance with law. The impugned order, dated January 28, 2013 dismissing the appeal on the ground of failure of the petitioners to make the pre-deposit is set aside. Upon the deposit being made, the petitioners are at liberty to withdraw the bank guarantee furnished. If the deposit as directed herein is not made, the Registrar, Original Side will encash ..... X X X X Extracts X X X X X X X X Extracts X X X X
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