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2011 DIGILAW 363 (MAD)

Fomra & Co. Rep. By Its Partner Sudersan Fomra v. Assistant Commissioner

2011-01-24

M.JAICHANDREN

body2011
Judgment :- 1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, appearing on behalf of the respondents. 2. By consent of both the parties, the writ petition is taken up for final hearing and disposal. 3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the order of the second respondent, dated 16.12.2010, made in S.P.No.24/2010 in VAT A.P.No.43/2010, is modified, permitting the petitioner to furnish a personal bond for the balance amount of taxes and the penalty of Rs.15,93,039/-, instead of furnishing security for the said amounts. 4. The learned Additional Government Pleader appearing on behalf of the respondents has no objection for this Court passing such an order. 5. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, the order of the second respondent, dated 16.12.2010, made in the stay application filed by the petitioner, on 30.11.2010, in S.P.No.24/2010 in VAT A.P.No.43/2010, is modified, permitting one of the partners of the petitioner firm to furnish a personal bond for the balance amount of taxes and the penalty of Rs.15,93,039/-, instead of furnishing security for the said amounts, within a period of two weeks from today. The writ petition is ordered accordingly. No costs. Connected M.P.No.1 of 2011 is closed.