IN 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 : 18615 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 Officer, MG Road Circle, Pavani Prist, Ammerpet, Hyderabad. Rep. by Commercial Tax Officer. 2 Appellate Deputy Commissioner, Punjagutta Division, Hyderabad. 3 Additiional 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 aside the Final Assessment order for the year 2003-2004 under APGST Act dated 29.03.2006 passed by the 1st respondent to the extent of assessing the sale of copper scrap 2 8%, by declaring the same as illegal, contrary to the judgment passed by the Supreme Court reported 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 2003-2004 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.Nos.18615 of 2008 JUDGMENT: (Per Sri Anil R. Dave, CJ) In view of the fact that the petitioner has already filed an appeal against the order impugned, without considering the matter on merits, we permit the petitioner to withdraw the petition so that the petitioner can make all submissions which have been made in this petition before the appellate authority. We are sure that the appellate authority will consider the same in accordance with law. Permission to withdraw the petition 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 Petition stands disposed of as withdrawn with no order as to costs.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