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TMI Blog2019 (8) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Added Tax Rules, 2008 is to be followed. Petition disposed off. - Misc. Bench No. - 20364 of 2019 - - - Dated:- 2-8-2019 - Devendra Kumar Upadhyaya And Alok Mathur JJ. For the Petitioner : Shubham Agrawal,Yogesh Chandra Srivastava For the Respondent : C.S.C. ORDER Heard Sri Shubham Agra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 on Entry of Goods Into Local Areas Act, 2007; or (c) by furnishing security bond from two sureties duly verified by the Collector of the District where sureties reside; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 (Corporate Circle) Commercial Tax, Lucknow has rightly passed the impugned order dated 04.07. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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