TaxTMI 
TaxTMI 
2018 (11) TMI 569
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....tioner. Shri Bhaskar Prasad Benerjee, Advocate, for the Respondent. ORDER The petitioners are before the writ Court assailing an order passed by the appellate authority refusing to entertain an appeal as the petitioners have failed to make a pre-deposit as directed. 2. Learned Senior Advocate appearing for the petitioners draws the attention of the Court to the fact that the petit....
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....d of on merits. 4. Learned Advocate appearing for the respondents submits that, the amendment introduced to Section 35F of the Act, 1944 was not available when the impugned order was passed. Therefore, no interference is called for. 5. It appears that, by the order-in-original a sum in excess of Rs. 64 lakh was demanded against the petitioners. The petitioners being entitled to pre....
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....e Court has shown that, a person, may refuse to extend the validity period of the bank guarantee once the purpose of furnishing the bank guarantee stands secured. In a given case, if the appeal is directed to be heard out on merits on the basis of a bank guarantee, there is every likelihood that the person concerned may not keep the bank guarantee live till the disposal of the appeal. Moreover, in....
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....antee furnished. If the deposit as directed herein is not made, the Registrar, Original Side will encash the bank guarantee and make over the proceeds thereof, after deducing the poundage and fees admissible in law, from the proceeds thereof, to the Revenue authorities, in accordance with law. The petitioner will inform the Registrar, Original Side as to the deposit of the sum as directed in this ....