IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 23798 of 2008 Between: M/s.Sri Chakra Enterpries Rep.by its Proprietor Sri B.Rajaiah B.Yadagiri,Hindu Male 3-11-493 Manasoorabad, L.B Nagar R.R District ..... PETITIONER AND 1 The Additional Tax Officer(CT) FAC Hyderabad 2 The Commercial Tax Officer Vanasthalipuram 3rd Floor Manoranjam Complex, 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 a writ or direction order more particularly one in the nature of writ of Mandamus declaring the orders dt 03-10- 2008 passed in CCT's Ref No.LIII(4)/673/2008 by the 1st respondent as illegal, arbitrary improper without authority of law and contrary to provisions of the APVAT Act 2005 and set aside the same consequently direct the 2nd respondent not to collect the disputed penalty pending disposal of appeal before the 1st Respondent and grant such other relief or reliefs. Counsel for the Petitioner: MR.KUNUKUDURGAPRASAD Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : ORAL ORDER (PER T HE HONOURABLE SRI JUST ICE A.GOPAL REDDY) Heard both sides. At their request, the writ petition is being disposed of at the admission stage. Aggrieved against the orders of the Additional Commissioner (CT) (FAC), Hyderabad dt. 3-10-2003 rejecting the stay of collection of the disputed penalty of Rs. 10,57,977/- for the tax period from November, 2006 to April,2007 pending disposal of the second appeal on the ﬁle of the Sales Tax Appellate Tribunal, Hyderabad, the petitioner ﬁled the present writ petition. Since the appeal is pending involving several substantial questions, it is appropriate, in the interest of justice, to grant stay subject to certain conditions. The Writ Petition is disposed of granting stay of collection of the disputed penalty pending disposal of the second appeal on the ﬁle of Sales Tax Appellate Tribunal, Hyderabad, on condition of the petitioner depositing 25% of the disputed penalty within a period of four weeks from today. The amount, if any, paid already shall be given credit to. No costs ______________ A.GOPAL REDDY,J ____________________ VILAS V. AFZULPURKAR,J Dt.5-11-2008 kmr.