TMI Blog2024 (4) TMI 767X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent State authorities have acknowledged the fact of non-constitution of the Tribunal and come out with a notification bearing Order No. 09/2019-State Tax, S. O. 399, dated 11.12.2019 for removal of difficulties, in exercise of powers u/s 172 of the B.G.S.T Act, which provides that period of limitation for the purpose of preferring an appeal before the Tribunal u/s 112 shall start only after the date on which the President, or the State President, as the case may be, of the Tribunal after its constitution u/s 109 of the B.G.S.T Act, enters office. This Court is, therefore, inclined to dispose of the instant writ petition in the following terms:- (i) Subject to deposit of a sum equal to 20 percent of the remaining amount of tax in dispute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he period which may be specified upon constitution of the Tribunal, the respondent - Authorities would be at liberty to proceed further in the matter, in accordance with law. (iv) If the above order is complied with and a sum equivalent to 20 per cent of the remaining amount of the tax in dispute is paid then, if there is any attachment of the bank account of the petitioner pursuant to the demand, the same shall be released. (v) Whatever has been deposited, would be given account in determining the 20 per cent directed to be paid herein. With the above liberty, observation and directions, the writ petition stands disposed of. - HONOURABLE THE CHIEF JUSTICE K. VINOD CHANDRAN And HONOURABLE MR. JUSTICE HARISH KUMAR For the Petitioners : Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 shall start only after the date on which the President, or the State President, as the case may be, of the Tribunal after its constitution under Section 109 of the B.G.S.T Act, enters office. 6. This Court is, therefore, inclined to dispose of the instant writ petition in the following terms:- (i) Subject to deposit of a sum equal to 20 percent of the remaining amount of tax in dispute, if not already deposited, in addition to the amount deposited earlier under Sub-Section (6) of Section 107 of the B.G.S.T. Act, the petitioner must be extended the statutory benefit of stay under Sub-Section (9) of Section 112 of the B.G.S.T. Act. The petitioner cannot be deprived of the benefit, due to non- constitution of the Tribunal by the respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X
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