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2015 (3) TMI 83

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..... nly insofar as to the grant of Bank Guarantee or Security Bond. The petitioner firm will pay amount as stated in order and shall execute a personal bond for the balance tax amount and for the entire penalty amount. - It is made clear that if the petitioner firm fails to adhere any one of the conditions imposed by this Court through this order, this modification granted by this Court shall stand cancelled without any reference to this Court and the order of the appellate authority will get automatically restored. - Decided conditionally in favour of assessee. - W.P(MD).Nos.685 OF 2015, W.P(MD).Nos.686 to 690 of 2015 - - - Dated:- 21-1-2015 - MR. B.RAJENDRAN, J. For the Appellant : Mr. A. Chandrasekaran For the Respondent : Mr. A .....

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..... d. Heard both sides. 6. The short point involved in this Writ Petition is as to the conditions imposed by the appellate authority in respect of stay granted in favour of the petitioner firm. As stated earlier, the petitioner firm has already paid 25% of the amount in question at the time of preferring the appeal and in some of the cases the petitioner firm has paid the amount between 50% and 90% of the impugned demand notices issued by the respondents. Now the question is regarding security bond or bank guarantee for the balance of tax and penalty amount. 7. In a similar occasion, I had an occasion to deal with the matter in W.P.(MD).No.20273 of 2013 dated 16.12.2013. In paragraph No.5 of the said order, it is stated as follows:- .....

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..... conditions imposed by the appellate authority only insofar as to the grant of Bank Guarantee or Security Bond, which is tabulated below:- SL. NO Writ Petition No. Amount to be paid by the petitioner 1. 685 of 2015 Nil 2. 686 of 2015 Nil 3. 687 of 2015 Rs.67310/- 4. 688 of 2015 Rs.61630/- 5. 689 of 2015 Nil 6. 690 of 2015 Nil (i) Therefore, in lieu of B .....

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