R.A. & CO. Vs. THE APPELLATE DEPUTY COMMISSIONER (CT) VI(FAC)

JUDGEMENT

(1.) THIS Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent in S.P. No. 66/12 A.P(VAT). No. 89/12 and to quash the impugned order dated 17.10.2012 and direct the first respondent to grant an absolute stay of collection of entire penalty in respect of the assessment year TIN 2008 -09 without imposing any further condition of furnishing of security in the form of immovable property or bank guarantee pending disposal of the appeal on his file. Mr. Aditya Reddy, learned Government Advocate (Tax) takes notice for the respondents. By consent the writ petition is taken up for final disposal.

(2.) PETITIONER seeks modification of the order passed by the first respondent Appellate Authority in the stay petition stating that entire tax has been paid and seeks modification insofar as the balance amount of penalty for which bank guarantee was directed to be produced.

(3.) PETITIONER relies upon the earlier decision of this court in W.P.(MD) No. 10567 of 2006 dated 27.11.2006 (M/s. Raja Ceramics, represented by its Partner M.A. Nazimal Gani, 720, East Veli Street, Madurai vs. - The Appellate Assistant Commissioner (CT) Madurai (South) to plead for modification in terms of the said order. Para 4 of the order reads as follows: -