Sponsored
    Follow Us:

Case Law Details

Case Name : M/s. Berger Paints India LTD. Vs States Tax Officer (Kerala High Court at Ernakulam)
Appeal Number : WP(C).No. 23251 of 2018
Date of Judgement/Order : 16/07/2018
Related Assessment Year :
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

M/s. Berger Paints India LTD. Vs States Tax Officer (Kerala High Court at Ernakulam)

The petitioner, a company dealing in paints, faces proceedings under the Central Goods and Services Tax Act. As paint mixing machinery was seized by the authorities, the petitioner provided Ext.P6 bank guarantee as well as Ext.P6(a) security bond, before the 1st respondent, and had the machinery and the transport vehicle released.

2. At any rate, faced with adverse orders, the petitioner contemplates invoking the appellate remedy. Now, the petitioner has filed this Writ Petition ventilating his grievance that before the petitioner could invoke the appellate remedy, the 1st respondent is threatening to invoke the bank guarantee. According to the petitioner’s counsel, the appellate forum itself was very recently created and still the procedural mondalities have yet to be finalised. In the meanwhile, if the respondents invoke the bank guarantee, the  petitioner’s right to statutory remedies becomes illusory.

3. The learned Government Pleader, on the other hand, has submitted that the petitioner has an efficacious alternate remedy and, so, can approach the appellate authority.

4. Heard the learned counsel for the petitioner as also the learned Government Pleader.

5. Indeed, in terms of Section 107 of the Act, read with Rule 108 of the Goods and Services Tax Rules, to appeal, the petitioner has three months’ time from the date of Ext.P8 impugned order. The 7th respondent is the appellate authority. Because the petitioner has three months’ time to appeal, it may be inequitable for the authority to invoke the bank guarantee before the petitioner could exhaust its appeal remedy—within the period of limitation, though.

6. I, therefore, dispose of this Writ Petition holding that the respondent will not invoke the bank guarantee for three months. In the meanwhile the petitioner may make all efforts before the 7th respondent to get an interim protection, pending appeal — adjudication.

Thus the Writ Petition stands disposed of.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

4 Comments

  1. Finance & Loan LLC says:

    Hello
    We are a trade finance company that uses our own credit lines to facilitate the issuance of financial guarantees like BG, SBLC, DLC and more. If our services will be of help to you, let us know so we can guide you with our process.
    Mobile | WhatsApp: +19893413179
    Email:[email protected]

  2. Thomas Cronin says:

    We are trusted trade finance solution providers who is here to help you keep your supply chain moving smoothly in order to lead you to business growth. Offering you a range of trade finance solutions and services including Letter of Credit (USANCE and AT SIGHT, Back to Back LC), Standby Letters of Credit (SBLC), Bank Guarantee (BG), Performance Guarantees ,Advance payment Guarantees, Proof of Funds (POF), Blocked Funds, Bank Drafts, Pre-Advice messages, Bank Comfort letters , Ready Willing and Able (RWA) and more.

    With experience in handling clients of businesses of all sizes, we have the knowledge and the expertise to offer you a proven trade finance solution for your situation. Whether you are a trader, an importer, exporter, introducer, a consultant, or a broker we are here to offer you integrated trade finance solutions for reasonable service costs.

    * FOR LEASING OF BG/SBLC MINIMUM FACE VALUE OF BG/SBLC = EUR/USD 1M
    LEASING FEE = 4%+2%

    * FOR PURCHASE OF FRESH CUT BG/SBLC MINIMUM FACE VALUE OF BG/SBLC = EUR/USD 1M
    PRICE = 32%+2%

    We also have Trusted monetizer partners who can Monetize BG/SBLC at good rates. They also can receive the BG/SBLC on behlf of the beneficiary to give a Non Recourse Loan

    *Leased BG/SBLC Monetization – 65% Non Recourse
    *Purchased BG/SBLC Monetization – 90% Non Recourse.

    if you are interested in our quality services, kindly reach out via the information below

    Contact Person :Thomas
    Email : [email protected]
    Phone/Whatsapp :+1(516)856-5370
    Skype : [email protected]

  3. Arnold says:

    BG SBLC OFFER

    Purchase: 38+2 %
    Lease: 6+2 %

    Procedure:

    After signing DOA, Buyer/Lessee bank send POF or an initial escrow deposit. Provider issuing bank send swift MT799 per-advice to Buyer’s/Lessee’s receiving bank. A copy of the swift slip will be sent to Buyer’s/Lessee’s bank for confirmation.

    After confirmation of swift mt799, provider’s Bank will deliver SBLC via MT760.Buyer’s/Lessee’s bank pay MT103,provider’s bank deliver hard copy

    Email:[email protected]
    AL /Arnold

  4. Sekaran Sebastian says:

    We are specialist in providing direct and genuine provider of BG, SBLC, MTN, CD, LC , DLC, Non collateral loan, confirmable Bank Draft and other financial assistance from AAA rated bank (Prime Bank) our Leasing price of (5.0% + 0.5% + X) of face value of the instrument. The financial instrument can be invested in High Yield Trading Program or Private Placement Programme (PPP). thus our Bank Guarantee lease , the Direct Bank Guarantee and Indirect Bank Guarantee, which is used as Bid Bond, Payment Guarantees, Letter of Indemnity,Guarantee Securing Credit Line, Advance Payment Guarantees, Performance Bond Guarantee E.T.C.

    We are RWA ready to close leasing with any interested client in few banking days, we deliver promptly as set forth by our agreement. we have direct contact with the principal, mandate and brokers. we ensure unequaled service and will be glad to share our working procedures with you upon request to help us proceed towards closing deals effectively.

    For further inquiry contact
    Name: Sekaran.Chelliah
    E-mail: [email protected]
    Skype ID: [email protected]

    Intermediaries/Consultants/Brokers are welcome to bring their clients are 100% protected. In complete confidence, we will work together for the benefits of all parties involved.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Sponsored
Search Post by Date
November 2024
M T W T F S S
 123
45678910
11121314151617
18192021222324
252627282930