HONOURABLE SRI JUSTICE GODA RAGHURAM AND HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 177 of 2010 TUESDAY THE 12th DAYOF JANUARY, 2010 Between: M/s.Ramky Infrastructure Limited, rep. By its General Manager ..... PETITIONER AND The Appellate Deputy Commissioner (CT), Hyderabad and another ....RESPONDENTS HONOURABLE SRI JUSTICE GODA RAGHURAM AND HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 177 of 2010 O R D E R:- (PER GR, J) The writ petition is directed against the demand of penal interest intimated to the petitioner for the assessment years 2005-06, 2006-07 and 2007-08 as assessed by the orders of assessment dated 12-03-2009, 13-03-2009 and 10-07-2009 respectively. Against the order of assessment the petitioner has preferred appeals which are pending before the Appellate Deputy Commissioner. In respect of this demand of interest in an amount of Rs.1,90,60,814/- for the three assessment years enumerated, the petitioner preferred an appeal to the Appellate Deputy Commissioner which authority by the order dated 08.12.2009 rejected the stay petition preferred along with the appeal against the demand of penalty. The substantive appeal against the demand of penalty however pending before the Appellate Deputy Commissioner. In the facts and circumstances of the case as the issue whether interest liability accrues from the date of the returns or from the date of an order of assessment will have to be considered and is pending consideration by the Appellate Deputy Commissioner in the appeal, we consider it appropriate to grant stay of collection of demand of penal interest in an amount of Rs.1,90,60,814/- on condition that the petitioner deposits 25% of the said amount to the credit of the 1st respondent within a period of eight (8) weeks from today. In default of such deposit within the time stipulated, the stay granted herein shall stand dissolved and the Revenue would be at liberty to take appropriate steps to recover the entire demand of penal interest. The writ petition is accordingly disposed of at the stage of admission after hearing Sri J.V.Rao, the learned counsel for the petitioner and Sri P.Balaji Varma, the learned Special Standing Counsel for Commercial Taxes. There shall be no order as to costs. __________________ GODA RAGHURAM, J. __________________ NOUSHAD ALI, J. 12th January 2010 Note: Issue CC by tomorrow (B/O) TSNR