IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.8559 of 2008 Between: M/s.Hindustan Coca Beverages P.Ltd 44-69, Moulali Hyderabad, Rep.by its Finance Manager Basant Modani. ...PETITIONER AND 1 The Assistant Commissioner (CT) LTU, Saroornagar Division Hyderabad. 2 The Appellate Deputy Commissioner(CT) Hyderabad Rural Division Hyderabad. 3 The Addl. Commissioner(CT) Legal A.P. 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 of Mandamus or any other appropriate writ or order or direction restraining the 1st respondent from taking any coercive steps for recovery of the total disputed tax of Rs.6,50,69,340/- for the assessment year 2003-04 (APGST) till the disposal of the Appeal before the Sales Tax Appellate Tribunal. Counsel for the Petitioner: MR.VENKATRAM REDDY MANTUR 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 C.V.RAMULU WRIT PETITION NO.8559 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri V.Venkatram Reddy Mantur, learned Senior Counsel appearing on behalf of the petitioner and Sri A.V.Krishna Koundinya, learned Special Government Pleader for Commercial Tax appearing on behalf of the respondents. At their request, the Writ Petition itself is taken up for disposal at the admission stage. The only grievance of the petitioner is against not granting stay pending the appeal on the file of the Sales Tax Appellate Tribunal. Learned counsel for the petitioner submits that 80% of the disputed tax has already been deposited and hence, the main appeal, which involves several questions, has to be necessarily disposed of on merits. Hence, the Writ Petition. Having heard on either side and on perusal of the material available on record and taking into consideration that 80% of the disputed tax has already been paid, there shall be stay pending disposal of the appeal and further, the appeal shall be disposed of on merits in accordance with law. Subject to the above, the Writ Petition is disposed of. No costs. _________________ (B.PRAKASH RAO, J) ______________ (C.V.RAMULU, J) 18th April 2008 RRB