IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.1.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.900 of 2011 FOMRA & CO. [ PETITIONER ] REP. BY ITS PARTNER SUDERSAN FOMRA Vs 1 THE ASSISTANT COMMISSIONER(CT) RATTAN BAZAAR ASSESSMENT CIRCLE FIRST FLOOR KURALAGAM ANNEXE CHENNAI-108. 2 THE APPELLATE DEPUTY COMMISSIONER(CT)-1 VI TH FLOOR KURALAGAM ANNEXE CHENNAI-108. [ RESPONDENTS ] Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus quashing the proceedings of the Second Respondent in S.P.No.24/10 in A.P.No.43/10 dated 16.12.2010 pertaining to penalty as modified on 22.12.2010 and arising out of modification Petition dated 17.12.2010 filed by the petitioners insofar as it directs the furnishing of security for the balance outstanding tax of Rs.2,04,487/- and penalty of Rs.15,93,039/- while directing the Second Respondent to re-dispose the Stay Petition in S.P.No.24/2010 in A.P.No.43/2010 dated 16.12.2010 and 22.12.2010. For petitioner : Mr.N. Prasad for Mr.N.Inbarajan For respondents : Mr.R.Mahadevan Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ O R D E R 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. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. lan https://hcservices.ecourts.gov.in/hcservices/ To: 1 THE ASSISTANT COMMISSIONER(CT) RATTAN BAZAAR ASSESSMENT CIRCLE FIRST FLOOR KURALAGAM ANNEXE CHENNAI-108. 2 THE APPELLATE DEPUTY COMMISSIONER(CT)-1 VI TH FLOOR KURALAGAM ANNEXE CHENNAI-108. 1 cc to Mr.N. Inbarajan, Advocate, Sr. 5305 1 cc to Special Government Pleader, Sr. 5495 Writ Petition No.900 of 2011 SP (CO)) kk 25/1 https://hcservices.ecourts.gov.in/hcservices/