Download Tamil Nadu Vat FORM HH: Security Bond for Stay of Collection of Tax, Fee or Other Amount Disputed under Tamil Nadu Value Added Tax 2007.
As per Tamil Nadu Vat Rule 14
(1)Where it is provided in the Act that an appellant or an applicant in revision proceedings shall furnish security in regard to the payment of tax or fee or other amount, the appellant or applicant or any person on his behalf shall furnish property security, along with a security bond in Form HH or a bank guarantee in Form G as the authority before which the appeal or application is preferred may, in its discretion, direct. Where an appellant or an applicant in revision proceedings or any person on his behalf furnishes immovable property as security, he may mortgage such property to the Government by deposit of title deeds in any town which has been notified under sub-section (f) of section 58 of the Transfer of Property Act, 1882 (Central Act IV of 1882). The security bond or the bank guarantee, as the case may be, shall be filed in duplicate, the original of which shall bear appropriate adhesive non-judicial stamps or Court fee stamps. In case the appeal or revision is fully allowed or remanded in favour of the appellant or applicant, the security bond or the bank guarantee, as the case may be, shall be void and of no effect. Otherwise, it shall remain in force until the expiry of six months from the date of receipt of the appellate or revisional order by the appellant or applicant. The security bond shall thereafter be released by necessary endorsement on the original and returned to the appellant or applicant. The Bank guarantee furnished shall become part and parcel of the records of the assessing or appellate or revising authority and shall not be returned to the bankers or the appellant or the applicant. It shall be cancelled by the assessing authority an advice of cancellation sent to the appellant or applicant or bankers after the expiry of six months from the date of receipt of the appellate or revision order by the appellant or applicant. If a security bond had been furnished, it shall be released by necessary endorsement on the original and returned to the appellant or applicant and if Bank guarantee had been furnished, it shall be cancelled by the assessing authority and an advice of cancellation sent to the appellant or applicant or bankers, on request by the appellant after the disposal of the appeal or earlier, if sufficient proof is produced that the entire amount for which stay has been granted is fully paid.
(2) Where the appellant or applicant furnishes the security referred to in sub-rule (15) or any other form of security referred to in sub-rule (5) of rule 5, he shall file the security bond or the bank guarantee or other security to the assessing authority concerned. The appellant should obtain and file the duplicate copy of security bond with necessary endorsement of assessing officer in Form HH for having executed the security or the duplicate copy of bank guarantee in
Form G with necessary endorsement of the assessing officer for having filed the bank guarantee, before the appellate or revising authority.