IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15225 of 2008 Between: M/s.Sundaram Motors, 67,M.G.Road Ranigunj,Secunderabad- 500003, rep.by its Deputy officer (Finance),Sri.K.S.Prabhakar ..... PETITIONER AND 1 The Assistant Commissioner (CT) LTU,Begumpet division,Hyderabad 2 The Appellate Deputy Commisisoner (CT), Punjagutta Divison, Hyderabad 3 The Additional Commissioner (CT) (Legal) (FAC) Andhra Pradesh, 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 issue a writ or direction particularly one in the nature of writ of mandamus granting stay of collection of the disputed tax of Rs.5,50,913/- for the assessment year 2005-06 under the CST Act arising in pursuance of the stay rejection orders of the third respondent dated 14.5.2008 passed in CCTs Ref.No.LIII(2)/353/2008 pending disposal of the appeal before the second respondent or to pass such other or orders. Counsel for the Petitioner: MR.S.KRISHNA MURTHY Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following : THE HON’BLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN W.P.NO. 15225 OF 2008 ORDER: (Per Smt. T. Meena Kumari, J) This writ petition is filed challenging the order dated 14.5.2008 passed by the 3rd respondent rejecting the stay application filed by the petitioner. Heard learned counsel for the parties. The petitioner is a dealer in Motor Vehicles and its parts and is an assessee on the rolls of the 1st respondent. He was assessed to tax for the assessment year 2005-06 and a final assessment order was passed by the 1st respondent. The said assessment order was challenged by way of appeal. The petitioner filed an application for stay of recovery of disputed tax of Rs.5,50,913/-, but the 3rd respondent rejected it. In the meanwhile steps are being taken to recover the disputed tax. We are of the opinion that ends of justice would have been met if stay was granted pending disposal of the appeal. Accordingly we stay the collection of disputed tax subject to deposit of half of the disputed tax amount by the petitioner within a period of six weeks from today and the respondents are directed not to take coercive steps for recovery of the disputed tax, pending appeal before the appellate authority. If any amount paid earlier shall be given credit to. The writ petition is accordingly disposed of. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.16.7.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Commissioner (CT) LTU,Begumpet division,Hyderabad 2 The Appellate Deputy Commisisoner (CT), Punjagutta Divison, Hyderabad 3 The Additional Commissioner (CT) (Legal) (FAC) Andhra Pradesh, Hyderabad 4. 2 CCs to GP for Commercial Tax 5. 2 CD copies Form-NIC-OGS/WP{TRK}