TMI Blog2019 (2) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... y cannot be imposed with such onerous condition for granting stay of recovery of penalty - Reliance placed in the case of Bharat Petroleum Corporation Ltd., Vs. Commissioner of Sales Tax and Others [2008 (8) TMI 554 - SUPREME COURT OF INDIA], where the Oil Corporation was given the relief of providing personal bond instead of furnishing bank guarantee, under similar circumstances. The impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion stage itself. 2. The petitioner is a Public Sector Company. The present writ petitions are filed challenging the conditional interim order granted by the second respondent, wherein and whereby, the petitioner is directed to furnish bank guarantee for the disputed penalty in respect of each assessment year. 3. The petitioner is an assessee on the file of the first respondent. The orders o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel appearing for the petitioner further submitted that the petitioner, being a Public Sector Company cannot be imposed with such onerous condition for granting stay of recovery of penalty, which is the subject matter of the appeals before the second respondent. The learned counsel in support of his contention relied on a decision of the Hon'ble Supreme Court in the case of Bharat Petrol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Perusal of the above said decisions of the Apex Court as well as this Court would show that the respective assessees therein, who are similar Oil Corporations were given the relief of providing personal bond instead of furnishing bank guarantee, under similar circumstances. 7. Considering the above stated facts and circumstances and in view of the orders passed by the Apex Court as well a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
