IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY 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 : 9705 of 2008 Between: M/s. Infosys Technologies Ltd., Survey No. 210 Manikonda Village,Lingampally, Ranga Reddy District, Hyderabad, Rep. by its Sr. Officer-Accounts, Mr. Kumar Nitin ..... PETITIONER AND 1 The Commercial Tax Officer, Madhapur Circle, Hyderabad. 2 The Appellate Deputy Commissioner (CT) Hyderabad Rural Division, Hyderabad. 3 The Additional Commissioner (CT) Legal A.P. Hydderabad. .....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 issue a writ of Mandamus or any other appropriate writ or order or direction setting aside the order of the 3rd respondent in CCT's Ref.No,. LIII (4)/280/2008 dt. 11-4-2008 as illegal, arbitrary and unjustified and consequently restrain the 1st respondent from taking any coercive action for recovery of the balance disputed tax in furtherance of final assessment order dt. 28- 1-2008 passed by him for the assessment year 2006-07 under the Central Sales Tax Act 1956 pending disposal of appeal before the 2nd respondent . Counsel for the Petitioner:MR.S.DWARAKANATH Counsel for the Respondents: SPL. SC FOR COMMERCIAL TAX The Court made the following : ORDER: (Per BPR, J Heard Sri S. Dwarakanath, learned counsel for the petitioner and Sri K. Raji Reddy, learned Special Standing Counsel for Commercial Tax, who takes notice on behalf of the respondents, and at their request, the main writ petition itself is taken up for disposal. The petitioner herein is aggrieved against the orders of not granting stay pending substantive appeal on the file of the Sales Tax Appellate Tribunal. Having heard the learned counsel and on perusal of the material on record, since substantial appeal is pending involving several substantial questions, were are refraining from expressing any opinion on the merits of the case, but it is suffice, in the interest of justice, to grant stay subject to certain conditions. This writ petition is disposed of granting stay pending disposal of the appeal, on condition of the petitioner depositing half of the disputed tax within a period of six weeks from today. The amounts, if any, paid already shall be given credit to. The appeal shall be disposed of on merits after giving notice and opportunity. There shall be no order as to costs. _________________ B. PRAKASH RAO, J __________________ C.Y.SOMAYAJULU, J Dated: 29.04.2008. Note:CC by wire at party’s costs. (Bo) sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CD copies Form-NIC-OGS/WP{VSMI}