Telangana High Court
WP/37920/2013 of Sri Ramachandra Metro Timber, Vs The Commercial Tax Officer, on 31 December 2013
Ms. JUSTICE G.ROHINI And THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.37920 OF 2013 Dated: 31.12.2013 Between: Sri Ramachandra Metro Timber .. Petitioner And The Commercial Tax Officer, Jagannaickpur Circle, Kakinada, E.G.District and 3 others .. Respondents THE
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THE HON’BLE Ms. JUSTICE G.ROHINIAnd
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
WRIT PETITION No.37920 OF 2013
Dated: 31.12.2013
Between:
Sri Ramachandra Metro Timber
.. Petitioner
And
The Commercial Tax Officer,Jagannaickpur Circle,Kakinada, E.G.Districtand 3 others
.. Respondents
THE HON’BLE Ms. JUSTICE G.ROHINIAndTHE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
WRIT PETITION No.37920 OF 2013
ORDER:(Per Hon’ble Ms. Justice G.Rohini)
The petitioner was assessed under the A.P.Value AddedTax Act, 2005 on 21.06.2010 and the appeal preferred by it againstthe said order was dismissed by the 3[rd] respondent – AppellateDeputy Commissioner by order dated 31.08.2010. As against thesaid order, the petitioner preferred an appeal before the Sales TaxAppellate Tribunal, Visakhapatnam. Pending the said appeal, thepetitioner filed an application before the 4[th] respondent seekingstay of recovery of the disputed tax and the same was dismissedby the impugned order dated 04.02.2011. Hence, this writ petition.
We have heard the learned counsel for both the parties.
Having regard to the facts and circumstances of the case,particularly keeping in view the petitioner’s claim that it cannot betreated as a VAT dealer, we deem it appropriate to stay therecovery of the disputed tax till the disposal of the appeal pendingbefore the Tribunal, subject to the condition of the petitionerdepositing 75% of the disputed tax after giving credit to theamounts that were already deposited. Such deposit shall be madewithin four (4) weeks from today.
The Writ Petition is accordingly disposed of. No costs.
Consequently, Miscellaneous Petitions, if any, pending inthis Writ Petition shall stand closed.
______________
G.ROHINI, J
_________________________
T.SUNIL CHOWDARY, J
Date: 31.12.2013Ivd