IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY , 2008 TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 10163 of 2008 Between: 1 M/s. Kennametal India Limited, (Formerly Known as widia India Limited) Begumpet, Hyderabad, rep by its Regional manager, Mr.B.C. Rego. ..... PETITIONER AND 1 The Commercial Tax Officer, Begumpet Circle, Hyderabad. 2 The Appellate Deputy Commissioner (CT), Punjagutta Division, Hyderabad. 3 The Additional Commissioner (CT) Legal, Andhra Pradesh, 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 of Mandamus or any other appropriate Writ, or order or direction restraining the 1st respondent from taking any coercive steps for recovery of the balance disputed tax of Rs. 57,26,502/- out of Total disputed tax of Rs. 1,19,66,427/- pending disposal of the appeal before the Sales Tax Appellate Tribunal, Hyderabad for the assessment year 2003-04 under the APGST act. Counsel for the Petitioner:MR.S.DWARAKANATH Counsel for Respondents: SPL. SC FOR COMMERCIAL TAX The Court made the following : O R D E R: (Per BPR, J): Heard learned counsel for the parties and at their request, the main writ petition itself is taken up for disposal. The petitioner herein is aggrieved against the orders of not granting stay pending substantive appeal before the Appellate Deputy Commissioner. Having heard the learned counsel and on perusal of the material on record, since substantial appeal is pending involving several substantial questions, we are refraining from expressing any opinion on the merits of the case, but it is suffice, in the interest of justice, to grant stay subject to certain conditions. This writ petition is disposed of granting stay pending disposal of the appeal, on condition of the petitioner depositing half of the disputed tax within a period of six weeks from today. The amounts, if any, paid already shall be given credit to. The appeal shall be disposed of on merits after giving notice and opportunity. There shall be no order as to costs. _________________ B. PRAKASH RAO, J __________________ C.Y.SOMAYAJULU, J Dated: 1st May, 2008 Note: Issue CC in two days. (b/o) sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commercial Tax Officer, Begumpet Circle, Hyderabad. 2 The Appellate Deputy Commissioner (CT), Punjagutta Division, Hyderabad. 3 The Additional Commissioner (CT) Legal, Andhra Pradesh, Nampally, Hyderabad. 4. 2CD copies Form-NIC-OGS/WP{LS}