IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.9985 of 2009 Between: ..... PETITIONER AND .....RESPONDENTS 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 Counsel for the Petitioner: MR.SHAIK JEELANI BASHA Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following: Form-NIC-OGS/WP{ } THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.9985 of 2009 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) Heard both the counsel and at their request, the writ petition itself is taken up for disposal at the admission stage. It is stated that against the provisional assessment order dated 11.11.2008, demanding to pay the tax of Rs.4,98,900/-, the petitioner filed an appeal before the 2nd respondent-appellate authority along with stay application and the appellate authority dismissed the stay application by order dated 19.01.2009 in Appeal No.S/110/08-09/V. Aggrieved by the said order, the petitioner filed a revision before the Joint Commissioner (CT) Legal-revisional authority and the revisional authority also dismissed the revision by order dated 28.03.2009 in CCT’s Ref.No.LV(1)/163/2009. Questioning the same, this writ petition has been filed seeking to grant of stay for collection of disputed levy of tax of Rs.4,61,619/- for the tax period from 04/2006 to 09/2008 pending disposal of the appeal before the 2nd respondent. Having heard the learned counsel and the learned G.P. and keeping in view the facts and circumstances of the case, We are of the view that the interests of justice would be met if a conditional order is passed setting aside the impugned order. Accordingly, We set aside the impugned order and grant stay of recovery of the disputed tax subject to the condition of the petitioner depositing half of the disputed tax within a period of four (4) Weeks from today and the amount of tax paid, if any shall be given credit to it, without prejudice to the rights of the petitioner. The appellate authority shall dispose of the appeal expeditiously. The writ petition is, accordingly, disposed of. No order as to costs. ____________________ V.ESWARAIAH,J ____________________________ VILAS V.AFZULPURKAR,J Dated: 13.05.2009 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies