IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 10018 of 2009 Between: ..... PETITIONER AND .....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 Counsel for the Petitioner:MR.B.SRINIVAS Counsel for the Respondent No.: SPL GP FOR TAXES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No : 10018 of 2009 O R D E R: (per Hon’ble Sri Justice V.Eswaraiah) Heard both the counsel and at their request, the writ petition itself is taken up for disposal at the admission stage. The case of the petitioner is that the third respondent passed assessment order dated 23-05-2008 for the year 2003- 2004(APGST Act) 1957 granting exemption in respect of annual discounts given by the petitioner. The second respondent by order dated 23-12-2008 revised the said assessment order. Aggrieved by the same, the petitioner filed an appeal before the Sales Tax Appellate Tribunal. Pending the appeal, the petitioner filed stay application before the first respondent seeking stay of collection of the disputed tax of Rs.28,57,696/- for the year 2003-2004 under the APGST Act. The first respondent by order dated 20-02-2009 rejected the stay application. Hence, this writ petition. Admittedly, the appeal is pending before the first respondent. Having regard to the facts and circumstances of the case and without going into the merits of the case, the writ petition is disposed of granting stay of collection of the disputed tax pending disposal of the appeal, subject to the condition that the petitioner deposits half of the disputed tax within four weeks from the date of receipt of a copy of this order. Any amount already paid by the petitioner shall be given credit to. No order as to costs. __________________ V.ESWARAIAH,J Date: 13-05-2009 ___________________________ VILAS V. AFZULPURKAR,J KLP