IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH 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 : 10716 OF 2010 Between: 1. M/S. Pushti Food Products. Plot No.89/B1, SEIE, Kattedan, Hyderabad – 77 Rep.by its Partner Mr. Pramod Sanghi 2. M/s. Yankee Consumer Products, Plot No.89/A1, SEIE, Kattedan, Hyderabad – 77, Rep. By it Proprietor Mr. Nitin Sanghi ..... PETITIONERS AND The Deputy Commercial Tax Officer, Guntakal, Ananthapur District and another .....RESPONDENTS The Court made the following : ORAL ORDER: (per The Hon’ble Sri Justice Nooty Rama Mohana Rao) Both the petitioners are registered dealers in Andhra Pradesh State. A consignment of chocolate coated wafers sent up by the petitioners herein has been intercepted and seized for the alleged irregularities of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The learned counsel for the petitioners would submit that while interstate sales are intended to take place, the petitioners are not liable to pay the tax at more than 2%. Per contra, the learned Special Government Pleader for Commercial Taxes would submit that the tax due is Rs.31,843/- and an enquiry is yet to be conducted as to whether the intended sales are interstate sales or not. Be that at it may, we consider it appropriate to direct the respondents to release the consignment of the goods subject to the petitioners paying a sum of Rs.31,843/- and the enquiry may go on. It is needless to observe that the payment of the amount will abide by the result of the enquiry in the matter. With these directions, the writ petition is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari __________________________ Justice Nooty Ramamohana Rao April 30, 2010 Copy within two days //BO// MAS