Telangana High Court
WP/27738/2007 of M/s.R.A.Chem Pharma Ltd., (formerly known as Vs The Commercial Tax Officer, on 26 December 2007
T.MEENA KUMARI & HONOURABLE MS JUSTICE G. ROHINI WRIT PETITION No:27738 OF 2007 Dated:26.12.2007 Between: M/s. R.A. Chem Pharma Ltd., (formerly known as M/s. RA Chemicals & Intermediates Pvt. Ltd.,) Begumpet, Hyderabad, Rep., by its Director R. Sirish Kumar ..Petitioner And 1. The
HONOURABLE MRS. JUSTICE T.MEENA KUMARI
&
HONOURABLE MS JUSTICE G. ROHINI
WRIT PETITION No:27738 OF 2007
Dated:26.12.2007
Between:
M/s. R.A. Chem Pharma Ltd.,
(formerly known as M/s. RA Chemicals& Intermediates Pvt. Ltd.,)Begumpet, Hyderabad,Rep., by its Director R. Sirish Kumar
..Petitioner
And
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1. The C.T.O., Begumpet Circle, Hyderabad and another.
..Respondent.
HONOURABLE MRS. JUSTICE T.MEENA KUMARI&HONOURABLE MS JUSTICE G. ROHINI
ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari)
The present writ petition is filed by the petitioner seeking todeclare the action of the 1[st] respondent in insisting for payment ofbalance disputed tax for the assessment year 2001-2002 and initiatingthe coercive action for recovery of disputed demands, as illegal andarbitrary and to restrain the 1[st] respondent from taking any coercivesteps for recovery of the disputed tax pending disposal of the appealbefore the Sales Tax Appellate Tribunal.
The main grievance of the petitioner is that aggrieved by theorder passed by the 2[nd] respondent, the petitioner preferred an appealbefore the Sales Tax Appellate Tribunal. While so, the 1[st] respondentis trying to take coercive steps for recovery of the disputed tax andhence, the petitioner was constrained to file the present writ petition.
Heard the learned Counsel appearing for the petitioner and thelearned Special Standing Counsel for Commercial Tax and perusedthe material available on record.
It is the contention of the learned Counsel for the petitioner thatthe appeal as to the assessment order is pending before the Sales TaxAppellate Tribunal and at this juncture, the insistence of the 1[st]respondent for payment of the disputed tax is unjustified.
In the facts and circumstances of the case and in view of the fact that the appeal is pending before the Sales tax Appellate Tribunal,without expressing any opinion on the merits of the case, We feel it a fitcase wherein stay can be granted, subject to certain conditions.
Accordingly, there shall be stay of recovery of the disputed taxpending disposal of the appeal before the Tribunal subject to thecondition of the petitioner depositing 50% of the disputed demand,within a period of eight weeks from today. However, it is made clearthat the amount paid if any, shall be given credit to the abovestipulated sum.
Subject to the above direction, the writ petition is disposed of.No order as to costs.
________________________
Justice T. Meena Kumari
_________________
Justice G. Rohini
Date: 26[th] December, 2007
Note:Issue C.C. by Monday. (BO) Nn/Gurc.
HONOURABLE MRS. JUSTICE T.MEENA KUMARI
&
HONOURABLE MS JUSTICE G. ROHINI
(Order delivered by the Hon’ble Smt. Justice T. Meena Kumari)
26/12/2007