Telangana High Court

WP/27956/2007 of Mrs. K. Poornamma Diet Contractor, Vs The Joint Commissioner of Commercial Taxes, on 27 December 2007

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SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No.27956 of 2007 O R D E R : (Per the Hon’ble Smt. Justice T. Meena Kumari) Heard learned Counsel for the parties. With their consent, the Writ Petition is being disposed of at this stage. The

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THE HON'BLE SMT. JUSTICE T. MEENA KUMARIANDTHE HON’BLE MS. JUSTICE G. ROHINIWRIT PETITION No.27956 of 2007

O R D E R: (Per the Hon’ble Smt. Justice T. Meena Kumari)

Heard learned Counsel for the parties. With their consent, theWrit Petition is being disposed of at this stage.

The petitioner-company filed the present writ petition seekinga writ of mandamus or any other appropriate writ or order or directiondeclaring the action of the 3[rd] respondent in issuing the GarnisheeNotice dated 26.11.2007 as illegal, arbitrary and without jurisdiction.

The grievance of the petitioner is that even when the appealsfiled by the petitioner are pending before the Sales Tax AppellateTribunal, Visakhapatnam under A.P.G.S.T. Act and the stay petitionfiled by it is pending before the 1[st] respondent, the 3[rd] respondentissued the impugned garnishee notice dated 26.11.2007 directing topay the amounts under the A.P.G.S.T. Act for the assessment years2001-02, 2002-03 and 2003-04. Hence, the petitioner filed thepresent writ petition seeking appropriate directions.

We have gone through the record. We feel that the interests of justice would have been met if stay was granted pending appeal,subject to deposit of half of the disputed tax liability. Therefore, wequash the impugned garnishee notice dated 26.11.2007 and directthe petitioner to pay 50% of the disputed tax liability within a period ofsix weeks from today. For six weeks, there shall be an unconditionalstay and stay shall continue till disposal of appeals, provided theamount is deposited within the stipulated time. The deposit ofamount shall be without prejudice to the rights of the petitioner inappeals. If any amount has already been paid by the petitioner, thesame shall be given credit to.

The Writ Petition is disposed of accordingly. No costs.

T. MEENA KUMARI, J

Date: 27-12-2007.

G. ROHINI, J

Note: Furnish c.c. in four days.B/oMVB.

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