Disposed

M/s Sripasa Engineering Company, a regd.partnership v. State of Andhra Pradesh, represented by the Commercial

Telangana HC8 Nov 2004WP/20460/2004

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition by setting aside the authority's dismissal of a stay application. It directed the petitioner to deposit half the disputed tax liability within eight weeks to obtain an unconditional stay until the appeal's disposal.

What did the court decide?

Directing that half of the disputed tax liability be deposited within eight weeks to secure an unconditional stay pending appeal.

M/s Sripasa Engineering Company, a… — Writ and Judicial Review | 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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MONDAY, THE EIGHTH 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 : 20460 of 2004

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Between:

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M/s Sripasa Engineering Company, a regd.partnership firm, having office at Door No.48-9-17, Dwarakanagar, Visakhapatnam-16, rep.by its Managing Partner Mr.C.Sridhar, S/o Sri C.V.Rao, aged 34 years, Hindu, having office address as above.

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..... PETITIONER

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AND

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1 State of Andhra Pradesh, represented by the Commercial Tax Officer, Dwarakanagar, Visakhapatnam

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2 The Additional Commissioner (CT), Legal, O/o Commissioner of Commercial Taxes,

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Hyderabad

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3 The A.P.Sales Tax Appellate Tribunal, 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 an Order, direction or a Writ, more particularly one in the nature of Certiorari, calling for the records in "CCT's Ref.No.LV(3)/2188/2004" relating to the Asst.Year 1999-2000, on the file of the Additional Commissioner (CT) Legal (FAC), office of the Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabad, and 'Set Aside the Order dated 20-08-2004'.

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Counsel for the Petitioner: MR.S.V.S.CHOWDARY 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 eight weeks. The amount, if any paid by the petitioner, shall be deducted from the amount to be deposited. For eight weeks, there shall be an unconditional stay and the stay shall continue till disposal of the appeal, provided the amount is deposited within eight 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 Dt. 08-11-2004 Pvks/*

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Nb:- Operative portion by wire at party’s cost. B/o pvks/*

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1. The Commercial Tax Officer, State of Andhra Pradesh, Dwarakanagar, Visakhapatnam 2 The Additional Commissioner (CT), Legal, O/o Commissioner of Commercial Taxes, Hyderabad

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3 The A.P.Sales Tax Appellate Tribunal, 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{VSR}

M/s Sripasa Engineering Company, a regd.partnership v. State of Andhra Pradesh, represented by the Commercial

Case brief

What is this about?

What did the court decide?

M/s Sripasa Engineering Company, a regd.partnership v. State of Andhra Pradesh, represented by the Commercial

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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