2024 (7) TMI 615

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....G.P. Md. T. M. Siddique Mr. Tanoy Chakraborty Mr. Saptak Sanyal.   For the Respondent : Mr. Sandip Choraria Mr. Rishav Manna Mr. Somnath Roy Chowdhury.   JUDGMENT (T.S. SIVAGNANAM, C.J.) 1. This writ petition has been filed by the State challenging the order passed by the West Bengal Taxation Tribunal, Kolkata (hereinafter referred to as "the Tribunal") dated 18th March, 2024. 2. ....

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....returned. 4. Ultimately, the respondent filed an application under the provisions of the Settlement of Disputes (SOD 2020) and in terms of the guidelines contained therein, 10% of the disputed tax is required to be paid. This was computed at Rs. 4,13,280/- and the certificate has also been issued. Thereafter, the respondent approached the learned Tribunal seeking for a direction upon the petition....

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....e are not persuaded to accept the said submission for the reason that the learned Tribunal in its order dated 1st February, 2012 while directing release of the seized articles, directed the respondent to deposit a security to the tune of Rs. 18,00,000/- out of which Rs. 10,00,000/- was to be deposited in cash and the remaining Rs. 8,00,000/- by way of a bank guarantee. 8. The words and phrases us....

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....d Tribunal and therefore, any such concession will not bind the department. Since, there appears to be certain doubts as regards what was paid by the respondent at the first instance and what was deposited, we are of the view that the matter should be re-examined by the learned Tribunal. However, we make it clear that the amount of Rs. 18,00,000/- was only by way of a security deposit and a pre-co....