THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE M.VENKATESWARA REDDY WRIT PETITION No.9259 of 2006 DATED:02.05.2006 Between: M/s. VST Industries Limited, Azamabad. ..Petitioner And Commercial Tax Officer, Musheerabad Circle, Hyderabad. and others ..Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE M.VENKATESWARA REDDY WRIT PETITION No.9259 of 2006 ORDER: (per GR,J) For the assessment year 1999-2000, the petitioner-industry was assessed under the Andhra Pradesh General Sales Tax Act, 1957 (for short ‘the Act’), by the first respondent by proceedings, dated 29.01.2002, on a gross and net turnovers of Rs.752,21,76,610/- and Rs.5,99,29,660/-, respectively. Exercising powers under Section 20(2) of the said Act, by the proceedings, dated 09.01.2006, the second respondent revised the first respondent’s assessment order, dated 29.01.2002, levying tax at the rate of 10% as against 3% adopted by the first respondent-Assessing Authority. Consequently, balance tax liability of Rs.28,85,591/- was determined and a revised notice issued (after adjusting the tax already paid). Aggrieved by the second respondent’s revisional order, dated 09.01.2006, the petitioner preferred an appeal to the Sales Tax Appellate Tribunal (STAT). It also preferred a revision before the third respondent seeking stay of collection of the disputed tax liability. The third respondent by the proceedings, dated 24.03.2006, dismissed the petitioner’s application for a stay pending disposal of the appeal before the STAT. Having regard to the fact that the petitioner has an arguable point in the appeal before the STAT as regards the validity of the revisional order of the second respondent, dated 09.01.2006, the writ petition is disposed of directing stay of the collection of the disputed tax liability of Rs.28,85,591/- pending disposal of the petitioner’s appeal before the STAT, on condition that the petitioner deposits 50% of the disputed tax, to the credit of the first respondent within a period of four weeks from the date of receipt of a copy of this order. In default, the writ petition stands dismissed. No order as to costs. _____________________ (GODA RAGHURAM, J) Dated:02.05.2006 ____________________________ (M.VENKATESWARA REDDY,J) GJ/KVNI