IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.25671 of 2008 Between: M/s. IVY Comptech Private Ltd., Cyber Spazio, Road No.2, Banjara Hills, Hyderabad, rep.by its Authorized Signatory, Mr. C.S.Ananth Krishnan. …PETITIONER AND 1 Assistant Commercial Tax Officer O/o Commercial Tax Officer, Begumpet Circle, Begumpet Division, Ameerpet, Hyderabad. 2 The Appellate Deputy Commissioner of Commercial Taxes Panjagutta Division Commercial Tax Building Nampally, 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus setting aside the impugned order of the Second respondent passed in Appeal No.B/98/2008-09 dt 25-10-2008 and further restraining from recovering disputed penalty of Rs.6,13,848 in pursuance of the order of the 1st respondent in dt 30-8-2008 for the Assessment year 2003-04 CST. Counsel for the Petitioner: MR.R.RAGHUNANDAN Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION NO.25671 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Tax for the respondents. At their request, the Writ Petition itself is taken up for disposal at the admission stage. The grievance of the petitioner is against the recovery being affected pending the substantive appeal on the file of the second respondent herein, as against the order impugned. Though substantial amounts have been paid, the respondents are proceeding to recover the same. Hence, the Writ Petition. Having heard on either side and on perusal of the material available on record, we are of the view that since the main appeal itself is pending on the file of the second respondent, we refrain to go into the merits or objections raised by the respondents. These are all matters to be gone into in the main appeal. The Writ Petition is, accordingly, disposed of. However, there shall be stay pending the appeal subject to the condition that the petitioner deposits one fourth of the disputed tax within a period of six {6} weeks from today. It is needless to mention that any amount, which is already paid, shall be given credit to. No costs. _________________ (B.PRAKASH RAO, J) ______________________ (VILAS V.AFZUL PURKAR, J) 24th November 2008 RRB