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TMI Blog1990 (1) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... dition that the security should be either in the form of immovable property or in the form of bank guarantee. Under rule 31(1) of the Rules, a person who prefers an appeal or revision against the order of assessment may furnish personal or property security along with the security bond in form XIX or a bank guarantee in form XIX-C as the authority before whom the appeal or application is preferred may, in its discretion, direct. 2.. Under rule 31(2) of the Rules, when an applicant or appellant furnishes security referred in sub-rule (1) or any other form of security referred to in sub-rule (15-A) of rule 24, he shall file the security bond or bank guarantee or other security to the assessing authority concerned. It is clear from a reading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application by the second respondent directing the petitioner to present the same before the assessing officer along with the security bond is wholly against the relevant rules. 4.. As I had already pointed out under rule 31(1), it is the appellate authority who has to pass an order relating to furnishing of security, before passing an order of stay. It may be open to him in appropriate cases to grant stay even without furnishing any security as the question will arise only when he decides that the appellant before him should furnish security as a condition for the grant of stay. In that event he shall specify the form of security, whether it shall be personal or property security or bank guarantee. It is only pursuant to such an order by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in accordance with law. The guidelines therefor have already been issued by this Court in Sri Balaji Trading Company v. Deputy Commercial Tax Officer [1989] 72 STC 417. The second respondent shall bear the same in mind and pass appropriate orders in the case of the petitioner. Till the second respondent disposes of the application for stay by the petitioner there will be no proceeding for recovery of the tax. However, the above direction is subject to the condition that the petitioner shall re-present the application for stay in proper form on or before 9th February, 1990. If the stay petition is not re-presented before that date, there shall not be any further stay of recovery proceedings. The writ petition is allowed with the above direc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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