Telangana High Court
WP/27891/2005 of M/s. Durga Dairy Ltd., Vs Assistant Commissioner (CT) (INT) No.1 Division, on 29 December 2005
SRI JUSTICE BILAL NAZKI AND THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO.27891 OF 2005 Date: 29-12-2005 M/s Durga Dairy Limited …Petitioner And Assistant Commissioner (CT) (INT) No.1 Division, Vijayawada and others …Respondents THE HON'BLE SRI JUSTICE BILAL NAZKI
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Conclusion
THE HON'BLE SRI JUSTICE BILAL NAZKI
AND
THE HON’BLE SRI JUSTICE C.V.RAMULU
WRIT PETITION NO.27891 OF 2005
Date: 29-12-2005
M/s Durga Dairy Limited …Petitioner
And
Assistant Commissioner (CT) (INT) No.1 Division,Vijayawada and others …Respondents THE HON'BLE SRI JUSTICE BILAL NAZKI
AND
THE HON’BLE SRI JUSTICE C.V.RAMULU
WRIT PETITION NO.27891 OF 2005
O R D E R (Per the Hon’ble Sri Bilal Nazki, J):
Heard learned counsel for the parties. With their consent, the writ petition isdisposed of at this stage.
The controversy is that pending appeal, application for stay filed by thepetitioner was dismissed by the competent authority. We have gone through the record and heard learned counsel for the parties. We feel that the interest of justicewould have been met if stay was granted pending appeal, subject to deposit of 50per cent of the disputed tax. Therefore, we set aside the order of the authority anddirect that 50 per cent of the disputed tax shall be paid by the petitioner, within aperiod of four weeks. For four weeks, there shall be an unconditional stay and thestay shall continue till disposal of the appeal, provided the amount is depositedwithin four weeks. The deposit of amount shall be without prejudice to the rights ofthe petitioner in the appeal.
The writ petition is accordingly disposed of. No costs.
_____________________
(Bilal Nazki, J)
29[th] December, 2005
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(C.V.Ramulu,J)
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