High Court Kerala High Court

M/S.Nair Coal Services Ltd. vs Intelligence Officer on 26 March, 2010

Kerala High Court
M/S.Nair Coal Services Ltd. vs Intelligence Officer on 26 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10371 of 2010(V)


1. M/S.NAIR COAL SERVICES LTD., MUNICIPAL
                      ...  Petitioner

                        Vs



1. INTELLIGENCE OFFICER, SQUAD NO.IV,
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEALS),

3. COMMERCIAL TAX OFFICER, COMMERCIAL

                For Petitioner  :SRI.N.MURALEEDHARAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :26/03/2010

 O R D E R
                   P.R. RAMACHANDRA MENON, J.
             ..............................................................................
                      W.P.( C) No. 10371 of 2010
              .........................................................................
                      Dated this the 26th March, 2010



                                   J U D G M E N T

The petitioner is aggrieved of the stipulation contained in

Ext.P3 issued by the third respondent, whereby the petitioner

has been directed to furnish security in Form 6A in conformity

with Rule 19(2) and 85 of KVAT Rules

2. The sequence of events shows that the petitioner being

aggrieved of penalty orders passed by the first respondent had

filed statutory appeals along with Interlocutory Applications for

stay. Pursuant to the direction given by this Court in W.P(C)

No.6540 of 2010, as per Ext. P2 judgment, the condition imposed

by the appellate authority while passing interim roder in I.A. for

stay, as modified by this Court was satisfied by the petitioner by

remitting a sum of Rs. 10 lakhs and furnishing Ext. P4 security

bond , which however was rejected by the third respondent vide

Ext. P3, holding that the ‘security bond’ had to be furnished in

‘Form 6A’, which hence forms the subject matter of challenge in

this Writ Petition.

W.P.( C) No. 10371 of 2010

2

2. Heard the learned Government Pleader as well, who

submitted that the stipulation imposed by the third respondent is

very much in conformity with the statutory requirements; more

so, when Ext. P4 bond has been executed by the petitioner

alone and that no sureties are there. Going by the statutory

prescriptions, Rule 19(2) contemplates different ways of

providing ‘security deposit’ as prescribed under clauses (a) to

(h). As per clause (d) of Rule 19(2), the security or additional

security shall be furnished by executing a security bond for

such amount in ‘Form No.6’ with two sureties, solvent enough

for the amount assured and acceptable to the said authority.

True, the liability to satisfy the bond under Rule 19 is under a

different circumstance, particularly in connection with the steps

for registration and necessity to provide security deposit or

additional security deposit, as the case may be; whereas the

position under Rule 85 stands on a different pedestal. It appears

that the third respondent was rather concerned only with

‘Form 6A’, as stipulated in Rule 85, though the very same

Rule clearly refers to any of the securities as provided under

W.P.( C) No. 10371 of 2010

3

Rule 19(2) as well. The petitioner is very much entitled to

furnish ‘security’ under Rule 19 (2) (d), i.e. by providing

security bond in ‘Form 6’, with two solvent sureties. The

stipulation contained in Ext.P3, insisting that the petitioner has

to satisfy the security in ‘Form 6A’ itself, is not correct or

sustainable.

3. Accordingly, the stipulation in Ext. P3 is set aside and

the petitioner is permitted to furnish the security in ‘Form 6’ with

two solvent sureties as contemplated under Rule 19(2)(d), so as

to avail the benefit of the interim stay and this shall be satisfied

within two weeks from the date of receipt of a copy of this

judgment.

The Writ Petition is disposed of as above.

P.R. RAMACHANDRA MENON,
JUDGE.

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