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High Court for State of TelanganaWP/13843/2018disposed of no costs

M/S.Siti Networks Limited v. Additional Commissioner (Ct) Legal

2018-04-192 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH *THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND *THE HON'BLE MS. JUSTICE J. UMA DEVI + WRIT PETITION No.13843 of 2018 % Date: 19.04.2018 Between:

# M/ s.Siti Networks Limited, Vijayawada, Rep. by its Manger .. Petitioner Vs.

$ Additional Commissioner (CT) Legal, O/ o.The Commissioner of Commercial Taxes, Vijayawada, A.P. and others .. Respondents ! Counsel for petitioner : Mr.S.R.R. Viswanath ^ Counsel for respondents : Mr.Shaik Jeelani Basha <GIST:

>HEAD NOTE:

? CASES REFERRED:

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE MS.JUSTICE J. UMA DEVI WRIT PETITION No.13843 OF 2018 ORDER: (per Just ice V. Ramasubramanian) Challenging the rejection of an application for stay, pending disposal of an appeal, the Dealer under the Andhra Pradesh Value Added Act, 2005, has come up with the above writ petition.

2. Heard Mr.S.R.R.Viswanath, learned Counsel appearing for the petitioner. Mr.Shaik Jeelani Basha, learned Special Standing Counsel takes notice for the respondents.

3. The petitioner has filed a statutory appeal on 18.07.2017 before the 2nd respondent, as against the order of assessment passed by the 3rd respondent on 20.05.2017. Since it is a first appeal, the petitioner has already paid 12.5% of the demand.

4. Pending appeal, the petitioner sought stay. But, the stay petition was rejected by the Appellate Deputy Commissioner and the same was confirmed by the Additional Commissioner.

5. In similar circumstances, this Court has passed orders in WP No.7212 of 2017. Following the same, this writ petition is disposed of granting stay of further proceedings, subject to the condition that the petitioner deposits 25% of the demand, with the concerned authorities, within a period of three (3) weeks from the date of receipt of a copy of this order.

6. As a sequel thereto, miscellaneous petitions, if any, pending shall stand dismissed. No order as to costs. _____________________ V. RAMASUBRAMANIAN, J ____________ J. UMA DEVI, J April 19, 2018 KTL