M/S. Sri Sri Sri Auto Cars India (P) Ltd., v. The Joint Commissioner (Ct) - Ii,

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE MS. JUSTICE J. UMA DEVI WRIT PETITION No. 14803 of 2017 ORDER: (Per VRS,J) The petitioner has come up with the above writ petition, challenging the refusal of the 1st respondent to grant stay of collection of the balance amount of penalty, pending disposal of a regular appeal against the order of penalty.

2.

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

Insofar as the demand for tax is concerned, the petitioner has already paid the same in entirety. Insofar as the penalty is concerned, the petitioner has filed a regular appeal and also paid 50% of the penalty. Therefore, the rejection of the stay petition by the 1st respondent is not fair and equitable.

4.

Hence, the Writ Petition is allowed, granting an interim stay of recovery of the balance amount of penalty, pending disposal of the 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.

24th April, 2017 cbs

VRS,J & JUD,,J WP No.14803 of 2017 THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN  AND THE HON'BLE MS. JUSTICE J. UMA DEVI Writ Petition No. 14803 of 2017 (allowed) 24th April, 2017 cbs