HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:2744 OF 2008 Dated:12.2.2008 Between: M/s Secunderabad Club, Picket, Secunderabad, rep., By its Secretary, Brig. G. Jai Kumar (Retd.) ..Petitioner And 1. The Commercial Tax Officer, Marredpally Circle, Hyderabad and another. ..Respondents. HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:2744 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioner seeking a direction to restrain the 1st respondent from taking any coercive action for recovery of the balance disputed tax of Rs.16,88,787/- out of total disputed tax of Rs.33,77,574/- till disposal of the appeals pending before the Sales Tax Appellate Tribunal. The main grievance of the petitioner is that aggrieved by the orders of the 1st respondent, the petitioner preferred appeals before the 2nd respondent and the said appeals were dismissed. Hence, the petitioner preferred further appeals before the Sales Tax Appellate Tribunal. Pursuant to the rejection of appeals by the 2nd respondent, the 1st respondent issued notices demanding the disputed tax. Hence, the present writ petition has been preferred by the petitioner. Heard the learned Counsel appearing for the petitioner and the learned Special Standing Counsel for Commercial Tax and perused the material available on record. It is the contention of the learned Counsel for the petitioner that against the orders of the 2nd respondent, appeals are pending before the Sales Tax Appellate Tribunal and that the petitioner has already paid 50% of the disputed tax and therefore, the 1st respondent is not justified in insisting for payment of the disputed tax under the guise of the orders of the 2nd respondent and at this juncture, if the relief of stay is not entertained and if the disputed tax is recovered, the very purpose of filing the appeals before Tribunal would be defeated. In the facts and circumstances of the case and in view of the fact that the appeals are pending before the Tribunal, without expressing any opinion on the merits of the case, We feel it a fit case wherein stay can be granted, but subject to certain conditions. Accordingly, there shall be stay of recovery of the balance disputed tax pending disposal of the appeals before the Sales Tax Appellate Tribunal subject to the condition of the petitioner depositing 50% of the balance disputed tax, within a period of six weeks from today. However, it is made clear that the amount paid if any, shall be given credit to the above stipulated sum. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _________________ Justice G. Rohini Date: 12th February, 2008 Note: Communicate by wire at party’s costs (BO) Nn/Gurc. HONOURABLE MRS. JUSTICE T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:2744 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 12/02/2008