High Court for State of TelanganaWP/10533/2018disposed of no costs

M/S. Electronics Corporation Of India, v. The State Of Telangana

2018-04-09V Ramasubramanian,Abhinand Kumar Shavili3 pages

* I N THE HI GH COURT OF JUDI CATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * HON'BLE SRI JUSTI CE V.RAMASUBRAMANI AN And + W.P.No.10533 of 2018 %Date: 09-04-2018 # Between:

M/s. Electronics Corporation of India Ltd., Cherlapally, Hyderabad.

Rep. by its DGM, Indirect Taxation, Finance & Accounts Mr. B. Bhattacharya S/o. Late Debi Prosad Bhattacharya ... Petitioner Vs.

1. The State of Telangana, Rep. by its Principal Secretary, Revenue (CT), Department, Government of Telangana, Hyderabad.

2. The Additional Commissioner (ST), Saroornagar Division, Nampally St. Road, Hyderabad.

3. The Deputy Commissioner (CT), Saroornagar Division, Hyderabad.

4. The Assistant Commissioner (CT) LTU, Saroornagar Division, Nampally St. Road, Hyderabad.

... Respondent ! Counsel for the Petitioner : Mr. B. Srinivas ^ Counsel for the Respondents : Mr. J. Anil Kumar Spl. SC for CT <GIST:

> HEAD NOTE:

? Cases referred

VRS,J & AKS,J W.P.No.10533/2018 HON'BLE SRI JUSTI CE V.RAMASUBRAMANI AN AND W.P.No.10533 of 2018 ORDER: (per VRS,J) The petitioner has come up with the above writ petition challenging the rejection of a stay petition pending a regular appeal.

2. Heard Mr. B. Srinivas, learned counsel for the petitioner. Mr. J. Anil Kumar, learned Special Standing Counsel takes notice for the respondents.

3. Admittedly the petitioner had already paid 25% of the demand while filing the regular appeal. The regular appeal is pending before the Telangana VAT Tribunal.

4. The petitioner is a Government of India undertaking. Therefore, they cannot be treated as any other dealer, since the interest of the revenue will always be safeguarded insofar as the State Government or Central Government undertakings are concerned.

5. In view of the above, the writ petition is disposed of granting an interim stay of collection of the balance of tax, pending disposal of the regular appeal before the Telangana VAT Tribunal. There shall be no order as to costs.

6. As a sequel, miscellaneous petitions pending in this writ petition, if any, shall stand closed.

_________________________ V. RAMASUBRAMANI AN, J.

_____________________________ ABHI NAND KUMAR SHAVI LI , J.

9th April, 2018 Js.

VRS,J & AKS,J W.P.No.10533/2018 HON'BLE SRI JUSTI CE V.RAMASUBRAMANI AN AND W.P.No.10533 of 2018 (Per VRSJ) 9th April, 2018 Js.