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Madras High CourtWMP/842/2020ordered

M/S. V.N.V. Builders Pvt. Ltd., v. The State Tax Officer,

2020-01-31Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Thirty First day of January Two Thousand Twenty PRESENT THE HON`BLE DR JUSTICE ANITA SUMANTH WMP.Nos.842 & 844 of 2020 in WP.Nos.35392 & 35399 of 2019 in WMP.Nos.36221, 36225, 36227, 36228, 36232, 36267 of 2019 M/S.V.N.V.BUILDERS PVT. LTD., [ PETITIONER IN BOTH THE REP.BY ITS MANAGING DIRECTOR, PETITIONS ] NO. 149, KALARAMANI MODUCHUR VILLAGE, GOBICHETTIPALAYAM, ERODE -638 476 Vs 1 THE STATE TAX OFFICER, [ RESPONDENTS IN BOTH THE GOBICHETTIPALAYAM CIRCLE, PETITIONS ] GOBICHETTIPALAYAM -638 476 2 THE JOINT COMMISSIONER (ST), ERODE.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i)Modify the common order dated 20.12.2019 made in WMP.36225/2019 IN WP.NO.35392/2019 by permitting the petitioner to furnish the Bank guarantee to the extent of Rs.11,51,785/- covering the 25 percentage of Tax amount arrived in the impugned order dated 28.062019 instead of making 25 percentage of tax demanded by the 1st Respondent(in WMP.No.842/2020)and (ii)Modify the common order dated 20.12.2019 made in WMP.36228/2019 IN WP.NO.35399/2019 by permitting the petitioner to furnish the Bank guarantee to the extent of Rs.20,10,000/- covering the 25 percentage of Tax amount arrived in the impugned order dated 27.06.2019 instead of making 25 percentage of tax demanded by the 1st Respondent.(in WMP.No.

844/2020) respectively. Order : These petitions coming on for orders upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.KANMANI ANNAMALAI, for M/S.R.JAGADEESAN Advocate for the petitioner in each the petitions and of M/S.R.SWAMAVEL, Government Advocate on behalf of the Respondents in both the petitions the court made the following order:- https://hcservices.ecourts.gov.

Learned Government Advocate, on instructions, states that there is no objection for the modification sought. Thus, interim direction passed on 20.12.2019, to the effect that the petitioner will remit 25% of the tax demand within four weeks, stands modified.

2. There shall be an order of interim stay on condition that the petitioner furnishes bank guarantee of 25% of the tax demand within ten (10) days from today. Bank guarantee be furnished on or before 12.02.2020.

3. List on 25.02.2020. Counter in main writ petition by then.

-sd/- 31/01/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE STATE TAX OFFICER, GOBICHETTIPALAYAM CIRCLE, GOBICHETTIPALAYAM -638 476 2 THE JOINT COMMISSIONER (ST), ERODE.

C.C. to M/S.K.V.SUBRAMANIAN ASSOCIATES Sr.No.1187 The Government Advocate, High Court, Madras - 104. Order in WMP.Nos.842 & 844 of 2020 in WP.Nos.35392 & 35399 of 2019 in WMP.Nos.36221, 36225, 36227, 36228, 36232, 36267 of 2019 Date :31/01/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(03/02/2020) https://hcservices.ecourts.gov.in/hcservices/