Telangana High Court
WP/28422/2007 of M/s. Radha Madhav Automobiles, Vs Assistant Commissioner (CT) (LTU) on 31 December 2007
COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON’BLE MS. JUSTICE G.ROHINI WRIT PETITION NO. 28422 OF 2007 Dated : December 31, 2007 Between: M/s. Radha Madhav Automobiles, Nagarjuna Nagar, Vijayawada, Rep. By its Partner Sri
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Conclusion
IN THE HIGH COURT OF JUDICATURE OFANDHRA PRADESHAT HYDERABAD
THE HON’BLE MRS. JUSTICE T.MEENA KUMARIAND
THE HON’BLE MS. JUSTICE G.ROHINI
WRIT PETITION NO.28422 OF 2007
Dated : December 31, 2007
Between:
M/s. Radha Madhav Automobiles,Nagarjuna Nagar, Vijayawada,Rep. By its Partner Sri M.V.Srinivas Petitioner
AND
The Assistant Commissioner (CT),
LTU, No.II Division, Vijaywada and others Respondents THE HON’BLE MRS. JUSTICE T.MEENA KUMARI
AND
THE HON’BLE MS. JUSTICE G.ROHINI
WRIT PETITION NO.28422 OF 2007
ORAL ORDER:(per THE HON’BLE MRS. 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 fell that theinterest 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 be paidby the petitioner within a period of four weeks from thedate of receipt of a copy of this order. For six weeks, thereshall be an unconditional stay and stay shall continue tilldisposal of the appeal, provided the amount is depositedwithin the stipulated time. The deposit of amount shall bewithout prejudice to the rights of the petitioner in appeal. Ifany amount has already been paid by the petitioner, thesame shall be given credit.
The writ petition is accordingly disposed of. Nocosts.
December 31, 2007
Copy in (3) days//BO//MAS
____________________
T.MEENA KUMARI, J.
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G.ROHINI, J.