SABARI ALLOYS AND METALS INDIA (P) LTD Vs. INTELLIGENCE OFFICER SQUAD NO IV COMMERCIAL TAXES PALAKKAD

JUDGEMENT

(1.) THIS is the second round of litigation being pursued by the petitioner before this Court.

(2.) EARLIER, when notice was issued under Section 49 (3) of the KVAT Act, the petitioner approached this Court by filing W.P.C.No. 9355/2012, which resulted in Ext. P4 judgment dated 12.04.2012, whereby, the petitioner was required to pursue the matter before the concerned authority and the said authority was directed to complete the adjudication proceedings; simultaneously, directing the petitioner to furnish 'Bank Guarantee' to get the consignment released. Pursuant to Ext. P4 judgment, the petitioner furnished Ext.P5 'Bank Guarantee' and in due course, the proceedings have been finalised by the first respondent as per Ext. P6 order dated 05.05.2012, whereby, penalty has been imposed upon the petitioner and the concerned Bank has been instructed to have the 'Bank Guarantee' encashed by forwarding the demand draft for Rs. 3,58,300/- in favour of the said respondent.

(3.) HAVING regard to the facts and circumstances, this Court finds that the petitioner is having every right to pursue the statutory remedy against Ext.P6. It also remains a fact that the rights and interests of the revenue stand well protected, in so far as the petitioner, in tune with Ext.P4 judgment has already finished 'Bank Guarantee' to the requisite extent. This being the position, the proceedings by way of appeal have to be finalized at the earliest and it would be for the petitioner to keep the 'Bank Guarantee' alive, till the appeal is finalized.