HON’BLE SRI JUSTICE B.SESHASAYANA REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION NO.11601 OF 2010 ORDER: - (Per BSSR,J) This writ petition has been directed against the order dated 29.04.2010 passed by the Additional Commissioner (CT) (Legal), Office of the Commissioner of Commercial Taxes, A.P., Hyderabad, whereby and whereunder the learned Additional Commissioner refused to grant the stay of order impugned before the Sales Tax Appellate Tribunal, Hyderabad. The 1st respondent for the assessment year 2003-04 under A.P.G.S.T.Act, 1956 has arrived the gross and taxable turn over of the petitioner at Rs.25,58,50,260, Rs.25,58,58,260 respectively. The 2nd respondent issued a notice on 26.08.2006 pointing out that the petitioner had other income of Rs.4,98,317/- in the assessment year of 2003-04 and he has made a proposal to levy tax at the rate of 12%. The 2nd respondent made a proposal to revise the order dated 11.11.2005 passed by the Commercial Tax Officer–1st respondent, dated 09.09.2009 stating that the other income of Rs.4,98,317/- is not related to any sale of goods, it relates to interest received on dividends etc. Consequent to the order passed by the 2nd respondent on 04.11.2009, the 1st respondent demanded payment of taxes by order, dated 19.11.2009. Aggrieved by the order, dated 19.11.2009 the petitioner preferred an appeal before the Sales Tax Appellate Tribunal, Hyderabad on 07.04.2010. Pending appeal, he moved an application before the Additional Commissioner (CT), Legal, the Commercial Taxes Complex, A.P., Hyderabad seeking stay of the order impugned before the Sales Tax Appellate Tribunal. The application filed by the petitioner ended in dismissal. Hence this writ petition. Heard learned counsel for the petitioner and Standing Counsel appearing for the respondents. Learned counsel appearing for the petitioner submits that once the order impugned before the Sales Tax Appellate Tribunal is not stayed, the very purpose of filing the appeal would be defeated. Having considered the facts and circumstances, we deem it appropriate to grant stay of the order dated 29.04.2010 passed by the Additional Commissioner (CT) (Legal), Hyderabad, pending disposal of the appeal before the Sales Tax Appellate Tribunal, Hyderabad subject to the petitioner depositing 50% of the disputed amount within four weeks from today. The amount already paid, if any, shall be given credit towards the amount, which the petitioner is required to be paid for compliance of this order. The writ petition is disposed of accordingly. No order as to costs. ___________________________ B.SESHAYANA REDDY, J __________________________ B.CHANDRA KUMAR, J 19.05.2010 lmv