IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 4912 of 2008 Between: M/s. Overseas Incorporation, 15-8-12, Shop No. 4 & 5, 2nd Floor, Aziz Plaza, Feelkhana, Hyderabad - 500 012, Rep. by its Proprietor Mr. Vijay Nahar. ..... PETITIONER AND 1 The Deputy Commissioner (CT), Charminar Division, Hyderabad. 2 The Commercial Tax Officder, Begum Bazar Circle, Hyderabad. .....RESPONDENT(S) 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 to issue a Writ of Certiorari or any other appropriate Writ or order or direction quashing the order of the Sales Tax Appellate Tribunal in TMP No. 262 of 2005 in T.A.NO. 1351 of 2003 dated 31-10-2007 as illegal, arbitrary, unjustified and contrary to the provisions of the Act and consequently restrain the 2nd respondent from taking any coercive steps for recovery of the disputed tax of Rs. 84,200/- for the assessment year 2001-02 under the APGST Act, 1957 pending disposal of the appeal before the Sales tax Appellate Tribunal, Hyderabad, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S. DWARAKANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORDER: (Per the Hon’ble Mr. Justice B. Prakash Rao) The present writ petition is filed against the order dated 31-10-2007, passed by the Sales Tax Appellate Tribunal, Hyderabad, in T.M.P.No.262 of 2005 in T.A.No.1351 of 2003. The miscellaneous petition was filed for grant of stay of collection of balance disputed tax of Rs.84,200/-, for the assessment year 2001-2002. However, the Tribunal dismissed the petition, holding that the stay petition against the orders of the Deputy Commissioner is not maintainable. Heard the learned counsel on either side. In view of the fact that the main appeal itself is pending, and the same is to be heard on merits, we are not inclined to go into the merits of this case. However, we deem it appropriate to grant stay, pending disposal of the appeal, subject, however, to the condition that the petitioner deposits half of the disputed tax, within a period of six weeks from the date of receipt of a copy of this order, and if any amount is already paid, may be given credit to. The Tribunal shall dispose of the appeal, on its own merits, in accordance with law. The writ petition is accordingly disposed of. There shall be no order as to costs. ____________________ B. PRAKASH RAO, J. ____________________ Dt.10-03-2008. C.Y. SOMAYAJULU, J. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}