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 : 10104 of 2008 Between: M/s Tata Steel Ltd., (A Company incorporated under companies Act,1956 Having its Regd.Office at Bombay and Branch situated at VI Floor, Surya towers, S.P.Road, Secunderabad, A.P.,rep by its Finance & Admn., Man.,Smt.s.Jhansi Bhavani Choudhary W/o. Sri T.venkat Saradhi,age 28, R/o. Hyderabad. ..... PETITIONER AND 1 The Asst. Commissioner(CT)(LTU), Begumpet division,6th Floor, Pavani Plaza Comples, Ameerpet, Hyderabad-500 016. 2 The Additional Commissioner of CT(Legal), Andhra Pradesh, Opp: Gandhi Bhawan, Hyderabad-500 001. ....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 order or direction more particularly one in the nature of writ of mandamus granting stay of collection of the disputed tax of Rs.57,66,175/- for the year 2007-08 pursuant to the stay rejection order of the Appellate Dy. Commissioner (CT),Punjagutta Division pending disposal of the main appeal before ADC, Punjagutta Division or to pass such other order or orders as the Hon'ble Court be deem Counsel for the Petitioner:MR.T.S.V.DIWAKAR Counsel for the 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 wire at party’s cost (b/o) sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CD copies Form-NIC-OGS/WP{LS}