M/S.Malik Cars Private Limited v. The State Of Telangana, Represented By Its Principal

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE MS. JUSTICE J. UMA DEVI WRIT PETITION No. 11139 of 2017 ORDER: (Per VRS,J) The dealer under the Telangana Value Added Tax Act, 2005 has come up with the present writ petition, challenging the rejection of their application for stay, pending a regular appeal against the order of assessment.

2.

Heard Mr. B. Srinivas, learned counsel for the petitioner. Mr. M. Govind Reddy, learned special standing counsel for Commercial Taxes (Telangana), takes notice for the respondents. 3.

The petitioner has already paid 50% of the disputed tax so far. Admittedly, their statutory appeal is now pending adjudication. The question raised in the appeal is as to whether the charges collected for the registration of the vehicles sold by the car dealer, would form part of the turnover or not. In such circumstances, the refusal of the stay is not justified.

4.

Hence, the Writ Petition is allowed and the impugned order is set aside. There will be an interim stay, pending disposal of the regular appeal filed by the petitioner.

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.

30th March, 2017 Note: Issue C.C. by tomorrow.

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THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN  AND THE HON'BLE MS. JUSTICE J. UMA DEVI Writ Petition No. 11139 of 2017 (allowed) 30th March, 2017 cbs