THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO. 11340 of 2010 DATED: 12.05.2010 BETWEEN M/s Vidyut Metallics Private Limited …….. petitioner VS. 1. Commercial Tax Officer Basheerbagh Circle and two others ……..respondents ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) Heard both the counsel. Against the orders passed revising the assessment of the petitioner for the year 2005-06 under the CST Act withdrawing the exemption on a turnover of Rs. 5,02,27,130/- and demanding the tax of Rs. 62,78,391/- by the second respondent-Deputy Commissioner (CT), in RR No. 49/2009-10 dated 4.12.2009, the petitioner filed an appeal before the Sales Tax Appellate Tribunal on 17.4.2010 and pending disposal of the appeal before the Sales Tax Appellate Tribunal, the petitioner filed stay application before the Joint Commissioner, third respondent herein. The third respondent by the impugned order in CCT’s Ref.No. LV(1)/131/2010 dated 30.4.2010 rejected the said application. Having regard to the facts and circumstances of the case, as the appeal against the revisional order of the second respondent is said to have been filed on 17.4.2010 and it is yet to be numbered and disposed of, the impugned order is set aside granting stay of the orders of the second respondent dated 4.12.2009, subject to the condition of the petitioner depositing 50 percent of the disputed tax within a period of four weeks from today, pending disposal of the appeal before the Sales Tax Appellate Tribunal , if any. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________ NOUSHAD ALI, J Date: 12-05-2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies