Telangana High Court

WP/18408/2003 of M/s Sri Venkata Subramanyeswara Modern Raw AND Boiled Vs The Commercial Tax Officer., on 4 December 2003

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COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (SPECIAL ORIGINAL JURISDICTION) TUESDAY THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND THREE : PRESENT: THE HON`BLE DR. JUSTICE: MOTILAL B. NAIK AND THE HON`BLE MR. JUSTICE: DALAVA SUBRAHMANYAM W.P. No. 18408 of 2003 Between: M/s. Sri Venkata

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

(SPECIAL ORIGINAL JURISDICTION)

TUESDAY THE FOURTH DAY OF NOVEMBERTWO THOUSAND AND THREE: PRESENT:THE HON`BLE DR. JUSTICE: MOTILAL B. NAIKAND

THE HON`BLE MR. JUSTICE: DALAVA SUBRAHMANYAM

Between:

W.P. No. 18408 of 2003

M/s. Sri Venkata Subramanyeswara Modern Raw & Boiled Rice Mill,Velangi-533260, East Godavari District, rep. by its Partner, Mr. Ch.S.S.R.K.Chowdary.

Petitioner

AND

1. The Commercial Tax Officer, Jagannaikpur Circle, Kakinada, East Godavari District. Kakinada, East Godavari District.

2. The Assistant Commissioner (CT) LTU, Kakinada Division, Kakinada, East Godavari District.

3. The Intelligence Officer, No. IV, O/o. Inspecting Assistant Commissioner, Commercial Taxes, Kollam, Kerala State.

Respondents

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein, the High Court will bepleased to issue a Writ of Mandamus or any other appropriate Writ or Order ordirection declaring the impugned notices of the 2[nd] respondent dated: 20-02-2003 & 19-06-2003 for the assessment years 2001-02 & 2002-03 proposingto levy CST as illegal and without jurisdiction and in conflict with the noticesof the 3[rd] respondent issued under the Kerala General Sales Tax act andinterdict the 2[nd] respondent from proceeding with the assessment pursuant tothe said notices.

The petition coming on for hearing, upon perusing the petition and theaffidavit filed in support thereof and the orders of the High Court dated. 23-10-2003 & 28-10-2003 and made herein and upon hearing the arguments of Mr.P. Srinivasa Reddy, Advocate for the Petitioner and the G.P. for CommercialTaxes, for the Respondents.

The Court made the following ORDER:

“ Let this matter come up under the same caption next week. Theinterim order granted earlier shall extend until further orders. ”

ASSISTANT REGISTRAR

To

1. The Commercial Tax Officer, Jagannaikpur Circle, Kakinada, East Godavari District. Kakinada, East Godavari District.

2. The Assistant Commissioner (CT) LTU, Kakinada Division, Kakinada, East Godavari District.

3. The Intelligence Officer, No. IV, O/o. Inspecting Assistant Commissioner, Commercial Taxes, Kollam, Kerala State.

4. Two CCs to the G.P. for Commercial Taxes, High Court of A.P.,Hyd(OUT)Hyd(OUT)

5. Two spare copies.

USR.

HIGH COURT

DR MBNJ&

DSMJ

DATE: 04-11-2003

Note : :Let this matter come up under

the same caption next week.

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ORDER

Extending the Interim Order until further orders.

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