SECURITY BOND FOR PAYMENT OF TAX PENDING APPEAL OR REVISION
[See rule 41]
BEFORE THE COLLECTOR-CUM-DEPUTY COMMISSIONER OF COMMERCIAL TAXES READ WITH PONDICHERRY REVENUE RECOVERY ACT, 1970 / APPELLATE ASSISTANT COMMISSIONER / COMMISSIONER OF COMMERCIAL TAXES/ APPELLATE TRIBUNAL/ HIGH COURT
No .................. of .......................... 20 ....
SECURITY BOND EXECUTED IN FAVOUR OF THE PRESIDENT OF INDIA AND HIS
SUCCESSORS IN OFFICE AND ASSIGNS.
WHEREAS ...................... has filed an appeal/application or a petition before the Appellate Assistant Commissioner / Commissioner / Appellate Tribunal / High Court against the order of ................ in its / his .............. dated .............. ........ and the said appeal/application/petition is pending.
AND WHEREAS the said appellant / applicant / petitioner has applied for directions in regard to the payment of the disputed tax, fee or other amount and has been called upon to furnish security accordingly, for payment of tax, fee or other amounts and in consideration thereof, I/We ............ , aged ........ residing at........ mortgage/charge all the properties specified in the Schedule hereunto annexed for the payment of the sum of Rs. .......... (Rupees.................................... ) to the President of India represented by the Collector .. Cum - Deputy Commissioner of Commercial Taxes, Government of Puducherry and covenant that if the aforesaid appellant/applicant/petitioner complies with all the directions in regard to the payment of tax, fee or other amount made by the Appellate Assistant Commissioner /Collector-Cum-Deputy Commissioner of Commercial Taxes / Commissioner of Commercial Taxes / Appellate Tribunal / High Court in the said appeal / application / petition including payment of tax, fee or other amount held as payable in the orders disposing of the said appeal / application / petition, this bond shall be void and of no effect but otherwise it shall remain in full force and effect.
I/We further declare that the property specified in the schedule hereunto is free from encumbrances/is covered by a prior mortgage by virtue of document No. ............ dated .............. in the office of the Sub-Registrar/ Joint Registrar/District Registrar in the .................... Registration district of Pondicherry and the present mortgage is subject to earlier mortgage.
I/We further declare that this bond will cease to have effect from the date of receipt of the appellate or revisional orders by the appellant or applicant or petitioner in case the appeal/application/revision is fully allowed in favour of the appellant/applicant/petitioner or in case the applicant / appellant / petitioner has paid the tax amount as determined by the assessing authority and confirmed by all the authorities in case the proceeding is taken to the authorities specified under the Puducherry Value Added Tax Act, 2007
.
SCHEDULE
DESCRIPTION OF PROPERTY
State:
Boundaries:-
In witness whereof I/We have hereunto affixed my/our hands and seal this ........ day of ............20 ....
Signature of Applicant / Appellant / Petitioner /Surety.
Witnesses:
(with clear address in capital letters)
1.
2.
NOTE: -
(1) The Security bond should be affixed with sufficient adhesive non-judicial stamps as required under the provisions of the Indian Stamp Act, 1899 as in force in the State of Madras as on 01.08.1966 and extended to the Union territory of Pondicherry and as amended from time to time or court fee stamps.
(2) Where immovable property is furnished as security, the title deeds of the property shall be deposited with the assessing authority along with a copy of the security bond.
(3) The security bond shall be registered in the appropriate Sub-Registrar' office.
(4) The security bond shall be executed in the presence of an officer of the Commercial Taxes Department not below the rank of Assistant Commercial Tax Officer.
(5) The security bond shall be filed in duplicate and the original shall bear the requisite adhesive non-judicial stamp or Court fee Stamp and shall be filed before the assessing authority.