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 : 10051 of 2009 Between: M/s Oxford Moulding Pvt Ltd, Hyderabad ..... PETITIONER AND Commercial Tax Officer, Hyderabad, and others .....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 Counsel for the Petitioner: MR.SHAIK JEELANI BASHA Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{ } THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.10051 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) As against final assessment order for the year 2002-2003 under the Andhra Pradesh General Sales Tax, 1957 (APGST Act, for brevity) dated 31.06.2006 passed by the first respondent, the petitioner filed an appeal before the Appellate Deputy Commissioner (CT), Panjagutta Division, Hyderabad. Learned Appellate Deputy Commissioner by order dated 16.10.2008 dismissed the appeal. As per the assessment order, the petitioner was directed to pay tax of Rs.7,08,179/-. Against the order of learned Appellate Deputy Commissioner dated 16.10.2008, the petitioner filed an appeal before the Sales Tax Appellate Tribunal (STAT), Andhra Pradesh, Hyderabad, on 27.11.2008. Pending disposal of the appeal before STAT, the petitioner filed an application for grant of stay of collection of the disputed tax of Rs.7,08,179/- before second respondent – Additional Commissioner (CT) Legal. Second respondent dismissed stay petition by order dated 16.01.2009. It is stated that the petitioner has already paid 50% of the disputed tax. Having regard to the facts and circumstances of the case, as the appeal filed by the petitioner is pending before STAT, the writ petition is disposed of directing the respondents not to take any coercive steps against the petitioner and not to recover the disputed tax from the petitioner subject to petitioner paying 50% of the disputed tax within a period of four weeks from today. Amount, if any, already paid shall be given credit to 50% of the disputed tax. No order as to costs. __________________________ (V.ESWARAIAH , J) 13th May, 2009 _______________________ (VILAS V. AFZULPURKAR , J) GHN