Partly allowed

M/s. Sripasa Engineering Company at v. State of Ap., rep by Commercial Tax Officer

Telangana HC17 Nov 2004WP/20888/2004

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court granted a stay pending appeal by setting aside the authority's dismissal of a stay application, directing the petitioner to deposit half the disputed tax liability within eight weeks.

What did the court decide?

Stay applied pending appeal by directing the petitioner to deposit half of the disputed tax liability within eight weeks.

M/s. Sripasa Engineering Company at Vs State of… — 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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WEDNESDAY, THE SEVENTEENTH 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

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THE HON'BLE MR JUSTICE S.ANANDA REDDY

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WRIT PETITION NO : 20888 of 2004

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Between:

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M/s. Sripasa Engineering Company at Door No. 48-9-17, Dwarakanagar, Visakhapantam, rep by Managing Partner C. Sridhar S/o C.V. Rao

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..... PETITIONER

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AND

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1 State of AP., rep by Commercial Tax Officer, Dwarakanagar, Visakhapantam 2 The Addl. 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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.....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 may 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 on the file of the Additional Commissioner (CT)Legal (FAC), office of the Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabd relating to the Asst. Year 2000-2001, and set a side the order dated 20-8-2004.

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Counsel for the Petitioner:MR.S.V.S.CHOWDARY

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Counsel for the Respondents : GP FOR COMMERCIAL TAXES

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

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ORDER: (per BN,J)

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Heard learned Counsel for the parties. With their consent, the Writ Petition is being 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. 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. 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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DATED:17-11-2004

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(S.ANANDA REDDY, J)

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1 The Commercial Tax Officer, State of AP., Dwarakanagar, Visakhapantam. 2 The Addl. 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 Two C.Cs. to the Government Pleader for Commercial Taxes, High Court of A.P., Hyderabad.(OUT)

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5 Two C.D. copies.

M/s. Sripasa Engineering Company at v. State of Ap., rep by Commercial Tax Officer

Case brief

What is this about?

What did the court decide?

M/s. Sripasa Engineering Company at v. State of Ap., rep by Commercial Tax Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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