Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2019 (8) TMI 481

..... he petitioner to deposit security in any of the forms as mentioned in the said rule and that bank guarantee is not provided as one of the measures for demanding the security. A coordinate Bench of this Court after considering the entire legal aspects of the matter in the case of EMAMI LIMITED VERSUS STATE OF U.P. AND ORS. [2007 (12) TMI 526 - ALLAHABAD HIGH COURT] has held that in the circumstances, as existing in the present case also, the demand of bank guarantee by the Assessing Authority cannot be justified. This court bears in mind that security which is to be given should be such that it protects the interest of the Revenue, in case of any default by the assessee - the statutory provision as contained in Rule 37(1) of the U.P. Value A .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... ection 19 may be furnished in any one of the following forms: (a) by pledging personal immovable assets of the proprietor, partner, Karta of Hindu Undivided Family, company, society, club or association, as the case may be, at first charge in favour of the Government of Uttar Pradesh with the Registrar of properties; or (b) by furnishing surety from two dealers who are and have been registered dealers either under the Uttar Pradesh Trade Tax Act, 1948 or under the Uttar Pradesh Value Added Tax Act, 2008 during a minimum period of past three completed assessment years and who are not defaulters under the Uttar Pradesh Trade Tax Act, 1948, the Central Sales Tax Act, 1956, the Uttar Pradesh Value Added Tax Act, 2008 and the Uttar Pradesh Tax o .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... or demanding bank guarantee from the petitioner. He has also submitted that the case of the petitioner is covered by the aforesaid judgment of a coordinate Bench of this Court in the case of M/s Emami Limited, T.P. Nagar, Kanpur (supra) and he is willing and ready to furnish any one of the securities as provided under Rule 37 (1) of the U.P. Value Added Tax Rules, 2008. Sri Rohit Nandan Shukla appearing for the revenue, on the other hand, submitted that all the assets of the petitioner's company are located outside the State of U.P. and, therefore, it would be difficult for the respondents to recover any outstanding amount of tax levied on the petitioner in case of default, therefore, in this view of the matter, the Joint Commissioner ( .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||