N THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 18614 of 2008 Between: M/s. Golconda Engineering Enterprises Ltd., Regd. Office 1-7- 241/11/D, S.D. Road, Secunderabad, rep. by Managing Director, G.P. Surana ..... PETITIONER AND 1 Commercial Tax Office, M.G. Road Circle, Pavani Prist, Ameerpet, Hyderabad, rep. by Commercial Tax Officer. 2 Appellate Deputy Commissioner, Punjagutta Division, Hyderabad. 3 Additional Commissioner (CT-Legal), Office of the Commercial Tax Officer, 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, order or direction more particularly one in the nature of Writ of Mandamus to set side the Final Assessment order for the year 2002-2003 under APGST Act dated 29.03.2006 passed by the 1st rspondent to the extent of assessing the sale of copper scrap @ 8%, by declaring the same as illegal, contrary to the Judgment passed by the Supreme Court reportd in 93 STC 185, and consequently by declaring that the petitioner is liable to pay tax @ 1% on sale of Copper Scrap for the assessment year 2002-2003 under APGST Act by treating the same as second sales, and pass Counsel for the Petitioner:MR.B.CHANDRASEN REDDY Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN W.P.No.18614 of 2008 JUDGMENT: (Per Sri Anil R. Dave, CJ) Learned Advocate for the petitioner seeks permission to withdraw the writ petition. Permission is granted. Petition stands disposed of as withdrawn with no order as to costs. _______________________ ANIL R. DAVE, CJ ___________________________ RAMESH RANGANATHAN, J 27TH January, 2009. ASP