IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 7211 OF 2010 Between: M/s. Radha Realty Corporation (India) Private Limited, A company incorporated under the Provision of the Companies Act, having its registered Office at 6-3-609/96/A, Anand Nagar Colony, Hyderabad, Rep;by its Managing Director Sri N.Ravindranath Reddy ..... PETITIONER AND The Director General of Income Tax, (Investigation), Hyderabad and others .....RESPONDENTS The Court made the following : ORAL ORDER: (per THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO) This writ petition has been filed seeking a direction to the first respondent to entertain the petitioner’s representation dated 26.02.2010 and consider granting instalment facility for the payment of admitted taxes for the assessment year 2008-2009. Heard learned Senior counsel for the petitioner Sri S.Ravi and Sri J.V.Prasad, learned Standing Counsel for the respondents. On 8.4.2010 an order has been passed by this court after noticing the contents of the affidavit filed on behalf of the petitioner proposing payment of the entire tax liability within a short period of time directing the respondents not to take coercive steps until further orders. In the affidavit filed on 31.03.2010 Sri N.Ravindranath Reddy s/o Sri N. Raghav Reddy, Managing Director of the petitioner company has undertaken to liquidate the balance payment at the rate of Rs.6.00 crores in each of the quarters ending by June, 2010, September, 2010 and December, 2010. He also undertakes to pay this amount of Rs.6.00 crores in one lumpsum or in more than one instalment. The interest component payable is also undertaken to be paid. In view of this undertaking given by the Managing Director of the petitioner company on 31.03.2010, we consider it appropriate to direct the respondents not to proceed pursuant to the impugned order till such time the entire tax liability is liquidated, as proposed in the undertaking dated 31.3.2010, inasmuch as the petitioner company is willing to liquidate the entire liability latest by 31.12.2010 and further the tax arrears are also likely to be liquidated in a short period of time. It is needless to observe that in default of payment of the tax liability of Rs.6.00 crores in any of the quarters, as noticed supra, it is open to the respondents to proceed to take further action in the matter apart from proceedings against Mr. N.Ravindranath Reddy, for the violation of the undertaking furnished to this court, in accordance with law. The writ petition accordingly stands disposed of. No order as to costs. ____________________ Justice T.Meena Kumari __________________________ Justice Nooty Ramamohana Rao April 26, 2010 MAS