Allowed

M/s.Jubilee Hills International Center, v. The Commercial Tax Officer

Telangana HC4 Nov 2004WP/20229/2004

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition for quashing a stay dismissal. It set aside the impugned order, directing the petitioner to deposit half the disputed tax within four weeks to secure an unconditional stay pending appeal. No costs awarded.

What did the court decide?

Stay granted pending appeal conditioned on deposit of half the disputed tax liability within four weeks; quashing of the authority's previous order.

M/s.Jubilee Hills International… — Constitutional and Fundamental Rights | Telangana HC (2004)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR

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PRESENT

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THE HON'BLE MR JUSTICE BILAL NAZKI

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And THE HON'BLE MR JUSTICE S.ANANDA REDDY

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WRIT PETITION NO : 20229 of 2004

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Between:

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M/s.Jubilee Hills International Center, Jubilee Hills, Hyderabad-500 033,

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rep., by its Joint Secretary, Dr.R.Venkat Reddy.

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..... PETITIONER

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AND

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1 The Commercial Tax Officer, Jubilee Hills Circle, Hyderabad.

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2 The Appellate Deputy Commissioner (CT), Punjagutta Division, Hyderabad.

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3 The Additional Commissioner (CT) Legal, Andhra Pradesh, Nampally, Hyderabad.

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.....RESPONDENTS

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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 certiorari or any other appropriate writ or order or direction quashing the order of the 3rd respondent in CCT's Ref.No.LIII(2)/1966/2004 dated 30-10-2004 and consequently restrain the 1st respondent from taking any coercive steps for recovery of the disputed tax of Rs.10,15,080/- for the assessment year 2000-01 till disposal of appeal by 2nd respondent.

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Counsel for the Petitioner: MR.P.SRINIVASA REDDY

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Counsel for the Respondent Nos.1 to 3: GP FOR COMMERCIAL TAX

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The Court, at the stage of admission, made the following:

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Oral order: (Per: The Hon’ble Mr. Justice Bilal Nazki)

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Heard learned Counsel for the parties. With their consent, the writ petition is disposed of at this stage.

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The controversy is that pending appeal, application for stay was dismissed by the competent authority. We have gone through the record and heard learned Counsel for the parties. We feel that the interest of justice would have been met, if stay was granted pending appeal, subject to deposit of half of the liability. Therefore, we set aside the order of the authority and direct that half of the disputed tax liability shall be paid by the petitioner within a period of four (4) weeks. For four weeks, there shall be an unconditional stay and the stay shall continue till disposal of the appeal, provided the amount is deposited within four weeks. The deposit of amount shall be without prejudice to the rights of the petitioner in the appeal.

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Writ Petition is disposed of accordingly. No costs.

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BILAL NAZKI, J

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S. ANANDA REDDY, J

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Dt. 04-11-2004

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Nb:- Operative portion by wire at party’s cost.

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B/o pvks/*

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1 The Commercial Tax Officer, Jubilee Hills Circle, Hyderabad.

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2 The Appellate Deputy Commissioner (CT), Punjagutta Division, Hyderabad. 3 The Additional Commissioner (CT) Legal, Andhra Pradesh, Nampally, Hyderabad.

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4.2CCs to the Government Pleader for Commercial Taxes, A.P. High Court Buildings, Hyderabad (OUT).

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5.2CD copies

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Form-NIC-OGS/WP{RS}

M/s.Jubilee Hills International Center, v. The Commercial Tax Officer

Case brief

What is this about?

What did the court decide?

M/s.Jubilee Hills International Center, v. The Commercial Tax Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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