Tvl. Meridian Industries Limited, Amalgamated and Now Known as Precot Meridian Ltd., Rep. by Its Administrative Manager and Authorised Signatory, S. Sriram, Pollachi Vs. the Additional Appellate Deputy Commissioner (Ct) Coimbatore and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/934126
CourtChennai High Court
Decided OnSep-18-2012
Case NumberWRIT PETITION NO. 25361 OF 2012 & M.P. NO. 1 OF 2012
JudgeM. JAICHANDREN
AppellantTvl. Meridian Industries Limited, Amalgamated and Now Known as Precot Meridian Ltd., Rep. by Its Administrative Manager and Authorised Signatory, S. Sriram, Pollachi
RespondentThe Additional Appellate Deputy Commissioner (Ct) Coimbatore and Another
Advocates:For the Petitioner: R. Senniappan, Advocate. For the Respondents: Manoharan Sundaram, Government Advocate (Taxes)
Excerpt:
(prayer: petition filed under article 226 of the constitution of india, seeking for a writ of certiorari to call for the records of the first respondent in s.p.no.509 of 2012 in a.p.no.1002 of 2012, dated 13.08.2012 and quash the same.) order 1. heard the learned counsel appearing for the petitioner and the learned government advocate (taxes), appearing on behalf of the respondents. 2. by consent of both the parties, the writ petition is taken up for final hearing and disposal. 3. at this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the order of the first respondent, dated 13.08.2012, made in s.p.no.509 of 2012, in a.p.no.1002 of 2012, is modified, permitting the petitioner to furnish a personal bond for the balance amount of tax and penalty of rs.10,10,651/-, instead of furnishing a bank guarantee for the said amount. 4. the learned government advocate (taxes) appearing on behalf of the respondents has no objection for this court passing such an order. 5. in view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, the order of the first respondent, dated 13.08.2012, made in s.p.no.509 of 2012, in a.p.no.1002 of 2012, is modified, permitting the petitioner to furnish a personal bond for the balance amount of tax and penalty of rs.10,10,651/-, instead of furnishing a bank guarantee for the said amount, within a period of two weeks from today. the writ petition is ordered accordingly. no costs. consequently, connected miscellaneous petition is closed. it has been stated that the petitioner had paid an amount of rs.3,00,000 in respect of the disputed tax amount to rs.21,38,549. for the balance amount instead of bank guarantee personal bond to the satisfaction of the officer concerned, within a period of two weeks. issue on monday.
Judgment:

(Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari to call for the records of the first respondent in S.P.No.509 of 2012 in A.P.No.1002 of 2012, dated 13.08.2012 and quash the same.)

ORDER

1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Taxes), appearing on behalf of the respondents.

2. By consent of both the parties, the writ petition is taken up for final hearing and disposal.

3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the order of the first respondent, dated 13.08.2012, made in S.P.No.509 of 2012, in A.P.No.1002 of 2012, is modified, permitting the petitioner to furnish a personal bond for the balance amount of tax and penalty of Rs.10,10,651/-, instead of furnishing a bank guarantee for the said amount.

4. The learned Government Advocate (Taxes) appearing on behalf of the respondents has no objection for this Court passing such an order.

5. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, the order of the first respondent, dated 13.08.2012, made in S.P.No.509 of 2012, in A.P.No.1002 of 2012, is modified, permitting the petitioner to furnish a personal bond for the balance amount of tax and penalty of Rs.10,10,651/-, instead of furnishing a bank guarantee for the said amount, within a period of two weeks from today.

The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.

It has been stated that the petitioner had paid an amount of Rs.3,00,000 in respect of the disputed tax amount to Rs.21,38,549. For the balance amount instead of bank guarantee personal bond to the satisfaction of the officer concerned, within a period of two weeks.

Issue on Monday.