M/S.Metro Infrasys Pvt.Ltd v. the Commercial Tax Officer
Case brief
What is this about?
In a writ petition challenging the proposed encashment of a bank guarantee, the High Court directed the first respondent to decide the pending appeal within two months and restrained encashment of the guarantee until such disposal.
What did the court decide?
First respondent directed to decide appeal within 2 months; petitioner restrained from encashing bank guarantee until appeal disposal.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933
WP(C).No. 13687 of 2011(I)
PETITIONER(S):
M/S.METRO INFRASYS PVT.LTD., REGD.OFFICE AT B 92, MAYAPURI INDUSTRIAL AREA PHASE-1, NEW DELHI-110 064, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.VENUGOPAL.
BY ADV. SRI.JACOB CHACKO
RESPONDENT(S):
- THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM.
Issues for consideration
2 issues framed by the court
Whether the bank guarantee furnished to release goods can be encashed while the appeal against the penalty order is pending.
Whether an inter-regal interim order directing release of the bank guarantee and expeditious disposal of the appeal is maintainable.
Parties & counsel
- petitioner
M/S Metro Infrasys Pvt Ltd
- respondent
The Deputy Commissioner of Commercial Taxes, Thiruvananthapuram
- respondent
The Commercial Tax Officer - (AA)
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court