IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH and THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10654 of 2008 Between: GRASIM INDUSTRIES LIMITED, 503, 5th floor Aditya Trade Centre, Aditya Enclave Road, Ameerpet, Hyderabad-500-038, rep. by its Power of Attorney holder Sri.R.K.Chittlangia Manager (Commercial) ..... PETITIONER AND The Assistant Commissioner (CT) (LTU), Punjagutta Division, Abids, Hyderabad .....RESPONDENT 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 issue an appropriate writ order or direction more particularly in the nature of writ of mandamus declaring the action of the Ast.Commissioner (CT) LTU Respondent herein in so far as initiating tax recovery measures by notice dated 24.4.2008 as illegal and arbitrary, and interdict the respondent from collecting the balance disputed tax of Rs.89,42,643/- for the Assessment year 2003-04 till the disposal of appeal before the Sales Tax Appellate Tribunal, Hyderabad in AR.No.326 of 2008 Counsel for the Petitioner: MR.S.CHAKRAPANI Counsel for the Respondent: GP FOR COMMERCIAL TAX The Court at the stage of admission made the following : ORDER: (per Sri G. Chandraiah, J) This writ petition is filed for a writ of mandamus to declare the action of the respondent insofar as initiating tax recovery measures by notice dated 24-04-2008 as illegal and arbitrary and to interdict the respondent from collecting the balance disputed tax of Rs.89,42,643/- for the assessment year 2003-04 till the disposal of the appeal before the Sales Tax Appellate Tribunal, Hyderabad in A.R No. 326 of 2008. It is stated that questioning the assessment order, the petitioner has filed an appeal along with stay application, but the stay application has been dismissed. Having regard to the facts and circumstances of the case, we feel that interests of justice would be met if stay is granted, pending appeal, subject to the petitioner depositing 50% of the disputed tax. The writ petition is accordingly disposed of with a direction that the petitioner shall deposit 50% of the disputed tax, pending appeal within a period of four weeks. In computing the said amount, the amount already paid by the petitioner shall be given credit to. The Sales Tax Appellate Tribunal is directed to dispose of the appeal, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. G.CHANDRAIAH, J C.V.NAGARJUNA REDDY, J Dated: 07-05-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Commissioner (CT) (LTU), Punjagutta Division, Abids, Hyderabad 2 2CCs to the Government Pleader for Commercial Taxes, High Court of Andhra Pradesh, Hyderabad (OUT). 3 2CD copies