THE HON’BLE Smt. JUSTICE T.MEENA KUMARI AND THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 2429 of 2008 O R D E R: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) This writ petition is filed challenging the order dated 25.1.2008 passed by the 1st respondent refusing to grant stay of disputed penalty of Rs.29,14,063/- The case of the petitioner is that the petitioner is engaged in the business of capital equipments, which involves heavy investments. In the process of filing of returns there was negligible delay for which the 4th respondent issued show cause notice proposing to levy 15% penalty under Section 50 (3) of the APVAT Act and had given seven days time and without giving reasonable opportunity of being heard, passed order dated 17.4.2007 levying penalty of Rs.29,14,063/-. It is the further case of the petitioner that aggrieved by the order passed by the 4th respondent, the petitioner filed appeal before the 2nd respondent along with stay petition. However, the 2nd respondent rejected the said stay petition vide order dated 25.1.2008. Aggrieved by the 2nd respondent’s order the petitioner filed stay petition before the 1st respondent, but the 1st respondent also rejected the stay petition. Hence this writ petition. Heard the learned counsel for the petitioner and the learned Special Standing Counsel for the respondents. The controversy is that pending an appeal, application for stay was rejected by the Competent Authority. We have gone through the record. We feel that the interest of justice would have been met if stay was granted pending appeal, subject to deposit of 1/4th of the liability. Therefore, we set aside the impugned order and direct that there shall be stay of disputed penalty, pending appeal, subject to payment of 1/4th of the penalty and interest within a period of six weeks from the date of receipt of a copy of this order. The deposit of amount shall be without prejudice to the rights of the petitioner in appeal. If any amount has already been paid by the petitioner, the same shall be given credit. The writ petition is accordingly disposed of. No costs. T.MEENA KUMARI, J. G.ROHINI, J. February 8, 2008. Note: Operative portion by wire At party’s costs. (BO) MVB.