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2015 (6) TMI 159 - HC - VAT and Sales TaxSecurity for the balance amount of taxes not paid - Held that - Court in a similar occasion, while considering an identical circumstances, dealing with a similar impugned order, modified only the second condition to one of directing the petitioner to execute the personal bond instead of furnishing bank guarantee for the balance amount of tax and penalty. - as there has been an automatic charge created in view of Section 24(2) of the TNGST Act and Section 42 of the TNVAT Act read with Section 9 of the CST Act. The petitioner is directed to execute the personal bond within a period of two weeks from the date of receipt of a copy of this order. - Decided partly in favour of assessee.
Issues involved:
Challenge to impugned orders passed by the Appellate Deputy Commissioner to quash and direct grant of stay without bank guarantee. Analysis: The petitioner challenged the impugned orders passed by the Appellate Deputy Commissioner, seeking a stay for the balance of tax and penalty without the need for a bank guarantee. The petitioner argued that the first respondent failed to appreciate relevant sections of the TNGST Act, TNVAT Act, and CST Act. The petitioner had already deposited 25% of the disputed tax amount at the time of filing the appeal and an additional 25% during the stay application. The petitioner was unable to provide a bank guarantee for the remaining amount. In a similar case, this Court had modified a condition to require the petitioner to execute a personal bond instead of furnishing a bank guarantee. The Additional Government Pleader agreed to this modification and requested the petitioner to execute personal bonds within a week. The Court considered the previous judgment and modified the second condition, directing the petitioner to execute a personal bond for the balance amount of tax and penalty. This decision was based on the automatic charge created on the petitioner's assets as per relevant sections of the TNGST Act, TNVAT Act, and CST Act. The petitioner was instructed to execute the personal bond within two weeks from the receipt of the order. Consequently, all the writ petitions were disposed of at the admission stage, and the connected miscellaneous petitions were closed without any costs being awarded.
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