Partly allowed

Sai Padmavathi Agencies, represented by a.Seshadri, v. Government of Andhra Pradesh, represented by its

Telangana HC8 Mar 2006WP/1467/2006

Case brief

AI extract

What is this about?

The High Court stayed the petition declaring the respondents had no jurisdiction to levy A.P. Value Added Tax on prepaid cards while a matter was pending before the Supreme Court. The petition is listed with a six-week adjournment.

What did the court decide?

Interim stay for six weeks on the prayer for declaration pending Supreme Court judgment.

Sai Padmavathi Agencies, represented by… — Writ and Judicial Review | Telangana HC (2006)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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SATURDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND SIX

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:PRESENT:

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THE HON'BLE MR JUSTICE BILAL NAZKI and

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THE HON'BLE MR JUSTICE D.APPA RAO

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WRIT PETITION NO : 1467 of 2006

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Between:

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Sai Padmavathi Agencies, represented by A.Seshadri, 12-6-1/B, Kukatpally, Hyderabad.

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..... Petitioner

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AND

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1. Government of Andhra Pradesh, represented by its Secretary to Government, Revenue (Commercial Tax) Department, Secretariat, Hyderabad.

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2. Commissioner of Commercial Taxes, Government of Andhra Pradesh, Gruha Kalpa Buildings, Nampally, Hyderabad.

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3. Commercial Tax Officer, Hydernagar, Hyderabad.

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.....Respondent(s)

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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 in the nature of a writ of mandamus or any other appropriate writ, direction or order declaring that the respondents have no jurisdiction and power to levy the tax under A.P.Value Added Tax, 2005 on the Airtel Prepaid Cards and recharge coupons of M/s.Bharti Tele-Ventures Limited, distributed by the petitioner on commission basis,

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The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of Mr.P. KAMLAKAR, Advocate for the Petitioner and G.P. for Commercial Tax for the Respondent the Court made the following

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ORDER

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It is submitted at the bar that a matter is pending before the Supreme Court which has already been heard and which is likely to have affect on this case. As such, there shall be interm direction as prayed for, for a period of Six weeks.

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List after Six weeks or on an earlier date, if the judgment of the Supreme Court is pronounced by then.

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ASSISTANT REGISTRAR

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// TRUE COPY //

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for ASSISTANT REGISTRAR

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1. Government of Andhra Pradesh, represented by its Secretary to Government, Revenue (Commercial Tax) Department, Secretariat, Hyderabad.

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2. Commissioner of Commercial Taxes, Government of Andhra Pradesh, Gruha Kalpa Buildings, Nampally, Hyderabad.

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3. Commercial Tax Officer, Hydernagar, Hyderabad. (RR 1 , 2, 3 By RPAD)

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4. Two CC G.P. for Commercial Taxes, High Court of A.P. Hyderabad

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5. One CC to Mr. P. Kamlakar, Advocate

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6. One Spare Copy

TVR

HIGH COURT

BNJ & DAR.J

WP. NO. 1467 OF 2006

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PERIOD OF SIX WEEKS

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TVR Date of Drafting: 31-01-2006

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HIGH COURT

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BNJ & DAR.J

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WP. NO. 1467 OF 2006

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PERIOD OF SIX WEEKS

Sai Padmavathi Agencies, represented by a.Seshadri, v. Government of Andhra Pradesh, represented by its

Case brief

What is this about?

What did the court decide?

Sai Padmavathi Agencies, represented by a.Seshadri, v. Government of Andhra Pradesh, represented by its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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