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Judgment
Issue notice.
Mr. B.V. Balaram Das, learned Counsel, accepts notice on behalf of the respondents.
The petitioner herein will deposit within three weeks with the Registry of this Court a sum of Rs. 2,500 crores. The balance amount of Rs. 8,500 crores will be secured by the petitioner by giving Bank Guarantee of a Nationalised Bank on such terms and conditions as the Registry deems fit. The Bank Guarantee will be given within a period of eight weeks from today. In case the amount of Rs. 2,500 crores is deposited within the stipulated period, as directed above, the Department would be at liberty to withdraw the same, subject to the Undertaking given by the Director General, International Taxation, to the effect that, in case the petitioner herein ultimately succeeds, the Department will pay interest at the rate that may be fixed by this Court at the appropriate time. A similar undertaking will also be filed by the Managing Director of the petitioner to the effect if the special leave petition/civil appeal is dismissed, the balance amount will be paid with interest at such rate as this Court will fix. Both the Department and the petitioner will give such undertaking within eight weeks from today.
Till further orders, the Department will not take any coercive steps to recover the outstanding demand, as of date.
I.A. No. 5/2010 seeking leave to amend Writ Petition No. 1325 of 2010 and I.A. No. 6/2010 for urging additional facts and grounds are allowed.
Leave is granted to the Department to file a comprehensive reply within eight weeks.
Place this petition for final disposal on 24th February, 2011.
S.L.P. (C) No. 20928 of 2010:
Taken on Board.
In view of the order passed today, SLP (C) No. 30928 of 2010 filed against order dated 22nd October, 2010, will not survive and the same is, accordingly, disposed of.