IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY 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 : 10478 of 2008 Between: BHEL-Gas Turbine Services (P) Ltd., 203,204 II Floor, Ashok Bhoopal Chambers, S.P.Road Secunderabad, rep.by its CFO, Mr.V.Parathpara Rao S/o.Late Sambasiva Rao ..... PETITIONER AND 1 The Additional Commissioner (CT),Legal, office,of the Commissioner of Commercial Taxes,Nampally ST.Road Opp:Gandhi Bhavan,Hyderabad,Andhra Pradesh 2 The Appellate Deputy Commissioner (CT), Punjagutta Divison,Nampally, Hyderabad 3 The Assistant Commissioner of (CT),LTU, Bagampet Divison, Hyderabad .....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 to issue an appropriate writ or direction more particularly one in the nature of writ of mandamus declaring the impugned order dated 11.4.2008 passed by the 1st respondent in CCTs.Ref.No.LIII(2)/293/2008 for the assessment year 2004-05 (CST),as illegal, unjustifeid and contrary to the provisions of law and pass Counsel for the Petitioner:MR.B.SRINIVAS Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO. 10478 OF 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides 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 and issuing garnishee notice pending appeal on the file of the Sales Tax Appellate Tribunal. Having heard the learned counsel and on perusal of the material on record, since the appeal is pending involving several substantial questions, it is suffice in the interest of justice to grant stay subject to certain conditions. The Writ Petition is disposed of granting stay pending disposal of the appeal, on a 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 impugned garnishee notice shall stand suspended till the disposal of the appeal. The appeal shall be disposed of on merits after giving notice and opportunity to both the sides. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 2.5.2008 Note: Wire at party’s cost B/O tvk THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO. 10478 OF 2008 DATE: 2.5.2008