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 : 10012 of 2009 Between: ..... PETITIONER AND .....RESPONDENT(S) 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 : 10012 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 as against the assessment order of the third respondent dated 31-12-2008, demanding to pay the tax of Rs.12,46,706/-, the petitioner filed an appeal before the second respondent-appellate authority along with stay application and the appellate authority dismissed the stay application by order dated 20-02- 2009 in Appeal No.S/129/08-09/V. Aggrieved by the said order, the petitioner filed a revision before the first respondent-the Joint Commissioner (CT) Legal-revisional authority and the revisional authority also dismissed the revision by order dated 07-04-2009 in CCT’S Ref.No.LV(1)/187/2009. Questioning the same, this writ petition has been filed seeking to grant stay of collection of disputed tax of Rs.12,46,706/- for the tax period from June 2005 to March, 2008 pending disposal of the appeal before the second respondent. Having heard the learned counsel, the writ petition is disposed of directing the respondents not to recover the disputed penalty and interest of Rs.12,46,702/- for the tax period from June 2005 to March, 2008 under the AP VAT Act, 2005 subject to the condition that the petitioner deposits ¼th of the disputed tax within a period of four weeks from today. It is made clear that the amount already deposited 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