Over 2 lakh Indian cases. Search powered by Google!

Case Details

MS.PREMKUMAR TEXTILE MILLS versus THE SECRETARY

High Court of Madras

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Ms.Premkumar Textile Mills v. The Secretary - W.P.(MD)No.4108 of 2007 [2007] RD-TN 1670 (27 April 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27/04/2007

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN

W.P.(MD)No.4108 of 2007

Ms.Premkumar Textile Mills,

represented by its Proprietrix P.R.Prema Bai,

24, Mahal 2nd Street,

Madurai.

... Petitioner

Vs.

1. The Secretary,

Sales Tax Appellate Tribunal (AB)

Madurai.

2. The Deputy Commercial Tax Officer,

Mahal Assessment Circle, Madurai.

... Respondents

PRAYER

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus to call for the records in MTP.No.18 of 2007 in MTA No.27 of 2007, dated 27.3.2007, on the file of the first respondent and quash the same as illegal and to direct the second respondent to accept the personal bond to be executed by the petitioner in lieu of security.

For Petitioner .. Mr.S.Karunakar

For Respondents .. Mr.Palaramasamy,

Special Government Pleader. :O R D E R



Mr.Palaramasamy, the learned Special Government Pleader, takes notice on behalf of the respondents.

2.Heard the learned counsel appearing for the petitioner and also the learned Special Government Pleader, appearing for the respondents. By consent of the learned counsels, the writ petition itself is heard and disposed of, finally.

3.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.

4.In the present case, the Sales Tax Appellate Tribunal (AB), Madurai, the first respondent herein, by its impugned order, dated 27.3.2007, has directed the petitioner to furnish Security in the form of immovable property in Form XIX/Bank Guarantee, for a sum of Rs.15,800/-. The request of the petitioner is that instead of furnishing Bank Guarantee or property Security in Form XIX, the petitioner may be permitted to furnish a Personal Bond for the amount of Rs.15,800/-.

5. Considering the above said submission of the learned counsel appearing for the petitioner, there will be a direction to the second respondent to accept the Personal Bond to be furnished by the petitioner in respect of the balance amount of tax, surcharge and penalty instead of insisting on furnishing of Security in Form XIX/Bank Guarantee. The petitioner is directed to execute the Personal Bond, within a period of two weeks from today.

6. Accordingly, the writ petition is disposed of, at the admission stage itself. No costs.

lan

To

1. The Secretary,

Sales Tax Appellate Tribunal (AB)

Madurai.

2. The Deputy Commercial Tax Officer,

Mahal Assessment Circle, Madurai.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.