2016 (8) TMI 173

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....SPONDENT : GOVERNMENT PLEADER SMT. LILLY.K.T. JUDGMENT This writ petition has been filed seeking to quash Exts.P11 and P12 and for a direction to the first respondent to accept Ext.P10 security bond furnished by the petitioner as sufficient compliance of Ext.P8 order. 2. The facts available in the writ petition would disclose that by Ext.P8, the petitioner was granted stay of collection o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the learned counsel for the petitioner and the learned Government Pleader. 4. The main contention urged by the petitioner is that insofar as the appellate authority had permitted the petitioner to furnish security in any of the form stipulated under the Act, it was not open for the assessing authority to have demanded security by way of bank guarantee. Rule 85 of the Kerala Value Added Tax Rule....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....efore the authority passing the original order under appeal or revision, in such form as such authority may direct. (3) Where the security is furnished in the form of a security bond, the sureties furnished shall be solvent for the amount of security furnished." Rule 19 (2) (e) contains the various forms in the manner for furnishing security. Rule 19 (2) (e) reads as follows: "19. Securit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... demanded from a dealer who applies for registration as a dealer under sub-section(5) of Section 6. (2) The security or additional security may be furnished by the dealer in any of the following ways, namely:- (a)xxx (b)xxx (c)xxx (d)xxx (e) by a bond prescribed under rule 85 for the amount fixed by the said authority in Form No.6A, duly registered, along with title, possession a....