Telangana High Court
WP/27638/2005 of M/s.Mysore Ghee Stores, 4-5-836, Badichowdi Vs The Addl.Commissioner of Commercial Taxes (Legal) on 27 December 2005
SRI JUSTICE BILAL NAZKI AND THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 27638 OF 2005 27-12-2005 Between: M/s.Mysore Ghee Stores, Badichowdi, Hyderabad, rep. by its Partner. ………Petitioner And The Additional Commissioner of Commercial Taxes (Legal),
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THE HON’BLE SRI JUSTICE BILAL NAZKI
AND
THE HON’BLE SRI JUSTICE C.V.RAMULU
WRIT PETITION No. 27638 OF 2005
27-12-2005
Between:
M/s.Mysore Ghee Stores, Badichowdi, Hyderabad, rep. by its Partner.
And
………Petitioner
The Additional Commissioner of Commercial Taxes (Legal), O/o. theCommissioner of Commercial Taxes, Hyderabad & Others.
……..Respondents
THE HON’BLE SRI JUSTICE BILAL NAZKI
AND
THE HON’BLE SRI JUSTICE C.V.RAMULU
WRIT PETITION No. 27638 OF 2005
ORDER:(Per Hon’ble Sri Bilal Nazki, J)
Heard learned Counsel for the parties. With their consent, the Writ Petition is being disposed of at this stage.
The controversy is that pending an appeal, application for staywas dismissed by the competent authority. We have gone throughthe record. We feel that the interest of justice would have been met ifstay was granted pending appeal, subject to deposit of half of thedisputed liability. Therefore, we set aside the order of the authorityand direct that half of the disputed tax liability shall be paid by thepetitioner within a period of four weeks. For four weeks, there shall bean unconditional stay and the stay shall continue till disposal of theappeal, provided the amount is deposited within four weeks. Thedeposit of amount shall be without prejudice to the rights of thepetitioner in the appeal.
Writ Petition is disposed of accordingly. No costs.
27[th] December 2005
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(BILAL NAZKI, J)
ajr
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(C.V. RAMULU, J)