M/S Javvaji Industries, v. Commercial Tax Officer, Eluru.

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION NO.10790 OF 2010 ORDER: {Per the Hon'ble the Acting Chief Justice Ramesh Ranganathan} Against the order passed by the Sales Tax Appellate Tribunal, Visakhapatnam, in TA.No.830 of 2003, the petitioner herein filed TRC.No.221 of 2010 which is still pending on the file of this Court. As no order, granting stay of collection of the disputed tax, could have been passed in the TRC in view of Section 22(6) of the APGST Act, the petitioner has filed the present Writ Petition seeking such a relief.

This Court, by order in WPMP.No.13801 of 2010 dated 30.04.2010, granted interim direction subject to the condition that the petitioner deposited 50% of the disputed tax within four weeks from the date of the order. Sri S.Krishna Murthy, learned counsel for the petitioner, would submit that the petitioner has deposited 50% of the disputed tax in compliance with the interim order.

As the petitioner has had the benefit of an interim order of stay of collection of the balance 50% of the disputed tax for the past more than six years, we consider it appropriate to dispose of the Writ Petition directing the respondents not to take coercive steps for recovery of the balance disputed tax till the disposal of TRC.No.221 of 2010 filed by the petitioner herein.

The Writ Petition stands disposed of accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (A.SHANKAR NARAYANA, J) 3rd January 2017 RRB