IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 9122 of 2008 Between: M/s. L & T Infocity Ascendas Limited, Ground Floor, Unit 3, Block -1, Cyber Pearl, HITEC City, Madhapur, Hyderabad. Rep. by its City Head-Hyderabad, Sri M. Bhavani. ..... PETITIONER AND 1 Commercial Tax Officer, Madhapur Circle, Hyderabad. 2 Appellate Deputy Commissioner (CT), Hyderabad Rural Division, Hyderabad. 3 Additional Commissioner (CT) (Legal), Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or direction particularly one in the nature of Writ of Mandamus granting stay of collection of the disputed tax of Rs.2,92,355/- for the assessment period 01-04-2005 to 31-10-2005 under the APVAT Act arising in pursuance of the stay rejection order of the third respondent dated 28-03-2008 passed in CCT's Ref.No. LIII(4)/201/2008 pending disposal of the appeal before the Sales Tax Appellate Tribunal. Counsel for the Petitioner: MR.S.KRISHNA MURTHY Counsel for the Respondent Nos.1 to 3: Spl.SC for COMMERCIAL TAX The Court made the following : ORDER: Heard Sri S. Krishna Murthy, learned counsel for the petitioner and Sri K. Raji Reddy, learned Special Standing Counsel for Commercial Tax, who takes notice on behalf of the respondents, and at their request, the main writ petition itself is taken up for disposal. The petitioner herein is aggrieved against the orders of not granting stay pending substantive appeal on the file of the Sales Tax Appellate Tribunal. Having heard the learned counsel and on perusal of the material on record, since substantial appeal is pending involving several substantial questions, were are refraining from expressing any opinion on the merits of the case, but it is suffice, in the interest of justice, to grant stay subject to certain conditions. This writ petition is disposed of granting stay pending disposal of the appeal, on condition of the petitioner depositing half of the disputed tax within a period of six weeks from today. The amounts, if any, paid already shall be given credit to. The appeal shall be disposed of on merits after giving notice and opportunity. There shall be no order as to costs. _________________ B. PRAKASH RAO, J __________________ C.Y.SOMAYAJULU, J Dated: 24.04.2008. sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CD copies Form-NIC-OGS/WP{SPJS}