Telangana High Court
WP/27927/2007 of M/s. Sri Venkateswara Agencies, Ongole Vs The Joint Commissioner of Commercial Taxes on 27 December 2007
Smt. JUSTICE T.MEENA KUMARI AND THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO. 27927 OF 2007 O R D E R: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) Heard the learned counsel for the parties and with their consent, the writ petition is being disposed of at this stage.
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THE HON’BLE Smt. JUSTICE T.MEENA KUMARI
AND
THE HON’BLE Ms. JUSTICE G.ROHINI
WRIT PETITION NO.27927 OF 2007
O R D E R:(Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI)
Heard the learned counsel for the parties and withtheir consent, the writ petition is being disposed of at thisstage.
The controversy is that pending an appeal, application for stay was dismissed by the CompetentAuthority. We have gone through the record. We feel thatthe interest of justice would have been met if stay wasgranted pending Appeal, subject to deposit of half of theliability. Therefore, we set aside the order of the Authorityand direct that half of the disputed tax liability shall bepaid by the petitioner within a period of four weeks fromthe date of receipt of a copy of this order. For six weeks,there shall be an unconditional stay and stay shall continue till disposal of the appeal, provided the amountis deposited within the stipulated time. The deposit ofamount shall be without prejudice to the rights of thepetitioner in appeal. If any amount has already been paidby the petitioner, the same shall be given credit.
The writ petition is accordingly disposed of. Nocosts.
____________________
T.MEENA KUMARI, J.
December 27, 2007
____________G.ROHINI, J.
Copy in four days.//BO// MVB.