High CourtsSingle Bench(2010) 10 MAD CK 0371

M/s. Sri Sakthi Agencies vs The Appellate Deputy Commissioner, (Commercial Taxes), Madurai (North) and The Assistant Commissioner (CT)-I, (FAC) Palani

Madras High Court · Decided on 19 October 2010

HON’BLE JUDGES
M. Jaichandren, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 12364 of 2010 and M.P. (MD) No. 1 of 2010

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Judgment

4 paragraphs · 240 words
1.

Heard Mr. S. Karunakar, the learned counsel appearing for the petitioner and Mr. Pala. Ramsamy, the learned Special Government Pleader appearing for the respondents. By consent of both the parties, the writ petition is taken up for hearing and disposal.

2.

The learned counsel for the petitioner submits that, in similar matters, orders have been passed by this Court directing the petitioner to furnish a Personal Bond for the balance amount of tax, surcharge and penalty, instead of furnishing Bank Guarantee or Security.

3.

In the present case, the first respondent, by the impugned order, dated 26.07.2010, has directed the petitioner to pay 25% of tax of Rs.13,661.00, on or before 25.08.2010, by furnishing bank guarantee or property security, in Form XIX. The request of the petitioner is that instead of bank guarantee or property security, in Form XIX, the petitioner may be permitted to furnish a Personal Bond for the amount in question.

4.

In view of the above, there will be a direction to the second respondent to accept the Personal Bond furnished by the petitioner, in respect of the tax component, instead of insisting on furnishing of Security, in Form XIX. The petitioner is directed to execute the Personal Bond, within a period of two weeks from today, even though the time granted by the first respondent had expired, on 25.08.2010. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.