Telangana High Court
WP/40610/2014 of M/s.The Andhra Pradesh Mineral Development Corporation Ltd., Vs Commercial Tax Officer, Jubilee Hills circle, Hyderabad. on 30 December 2014
SRI JUSTICE RAMESH RANGANATHAN AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY W.P.No.40610 of 2014 ORDER (Per the Hon’ble Sri Justice Ramesh Ranganathan) The proceedings under challenge in this writ petition is the order of the third respondent dated 26.11.2014
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THE HON’BLE SRI JUSTICE RAMESH RANGANATHANANDTHE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
W.P.No.40610 of 2014
ORDER (Per the Hon’ble Sri Justice Ramesh Ranganathan)
The proceedings under challenge in this writ petition is theorder of the third respondent dated 26.11.2014 rejecting thepetitioner’s application for grant of stay of payment of the disputedpenalty pending disposal of the appeal before the Sales Tax AppellateTribunal, Hyderabad. By the impugned order, the third respondentrejected their request holding that there were no valid reasons to grantstay of collection of the disputed penalty.
It would be wholly inappropriate for us to examine thesubmissions put forth by Sri S. Dwarakanath, learned counsel for thepetitioner, on merits, as a substantive appeal, against the order levyingpenalty, is pending adjudication before the Sales Tax AppellateTribunal. Ends of justice would be met if the respondents are directednot to take any coercive steps for recovery of the disputed penalty oncondition that the petitioner deposits 1/3[rd] thereof within four weeksfrom today. The petitioner shall be entitled to be given credit for anyamount already paid in this regard.
The Writ Petition is, accordingly, disposed of. There shall be noorder as to costs. Miscellaneous petition, if any, pending in this writpetitions shall stand closed.
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RAMESH RANGANATHAN, J
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M. SATYANARAYANA MURTHY, J
30[th] December, 2014sjsj