M/S. Icici Bank Limited, v. Commercial Tax Officer, Begumpet Circle, Hyderabad.

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE MS. JUSTICE J. UMA DEVI WRIT PETITION No. 13611 of 2017 ORDER: (Per VRS,J) The ICICI Bank, which is a dealer under the APGST Act, 1957 in respect of the sale of second handle vehicles and also the sale of coal handling plant, has come up with the present writ petition, challenging the dismissal of a stay petition, pending appeal. 2.

Heard Ms. K. Uma, learned counsel for the petitioner. Mr. J. Anil Kumar, learned special standing counsel for Commercial Taxes (Telangana), takes notice for the respondents. 3.

As against the assessment order, a regular appeal is pending adjudication. Out of the total amount assessed, the petitioner has paid more than 50%. Therefore, the dismissal of the stay petition on merits, may not be proper. Hence, the Writ Petition is allowed, the impugned order is set aside, and an interim stay is granted, till the disposal of the regular appeal.

Consequently, miscellaneous petitions if any pending in the writ petition shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J ______________ J. UMA DEVI, J.

18th April, 2017 cbs

VRS,J & JUD,,J WP No.13611 of 2017 THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN  AND THE HON'BLE MS. JUSTICE J. UMA DEVI Writ Petition No. 13611 of 2017 (allowed) 18th April, 2017 cbs