M/S. Hindusthan Cables Limited v. The State Of Telangana

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SMT JUSTICE T.RAJANI WRIT PETITION No.20157 of 2017 ORDER: (per Hon'ble the Acting Chief Justice Ramesh Ranganathan) The petitioner's grievance, in this Writ Petition, is that, though they had preferred an appeal to the Sales Tax Appellate Tribunal against the order passed by the Deputy Commissioner and had invoked the jurisdiction of the Joint Commissioner seeking stay of collection of the disputed tax pending disposal of the appeal by the Tribunal, the Joint Commissioner has not disposed of the said application till date; and the respondents are, at the same time, seeking to recover the disputed tax from them.

It does appear from a copy of Form-XXII, filed by the petitioner before the Joint Commissioner, that the application filed by the petitioner, seeking stay of collection of the disputed tax, was received by the Joint Commissioner on 08.06.2017. As the petitioner's application for grant of stay, pending disposal of the appeal by the Tribunal, is still pending before the Joint Commissioner, we consider it appropriate to dispose of the Writ Petition directing the Joint Commissioner to dispose of the said application within two weeks from the date of receipt of a copy of this order. Till the petitioner's application is disposed of by the Joint Commissioner, the respondents shall not take coercive steps for recovery of the disputed tax.

The Writ Petition is, accordingly, disposed of.

Miscellaneous Petitions pending, if any, shall also stand disposed of. However, in the circumstances, without costs. ________________________________ RAMESH RANGANATHAN, ACJ ______________ T.RAJANI, J Date: 27.06.2017 usd