2018 (9) TMI 298

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....   Respondents (By Sri. M. Kumar, AGA For Respondents)   ORDER The petitioner-company has filed an appeal under Section 62 of the Karnataka Value Added Tax Act, 2003 (henceforth for brevity referred to as "K.V.A.T. Act") contesting the reassessment order under Section 39(1), 72(2) and 36 of the K.V.A.T. Act dated 22.04.2017 concluded by respondent No.1, i.e., the Assistant Commi....

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....(4)(c) of K.V.A.T. Act. However, respondent No.2 while passing the order on the application for the interim relief imposed a condition that the appellant before it (petitioner herein) shall furnish an irrevocable Bank Guarantee for the outstanding amount, to the satisfaction of the respondent-authority, within 15 days from the date of the alleged order, failing which, the respondent may be at t....

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....yment of seventy per cent of tax and other amount, if the appellant makes payment of the balance thirty per cent of the tax and other amount along with prescribed form of appeal. (ii) Where any application made by an applicant for staying proceedings of recovery of any tax or other amount has not been disposed of by the Appellate Authority within a period of thirty days from the date of such ap....

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.... not specifically mention that the Appellate Authority while granting stay of the impugned order for the remaining 70% of the alleged tax due can also call for the appellant to furnish any security including the Bank Guarantee for the said sum. It is on this line, the argument of the learned counsel for the petitioner is required to be appreciated. 7. The argument of the learned AGA that Sub Se....