M/S. S. Chenna Reddy, v. Commercial Tax Officer, Vidyanagar Circle, Hyderabad.
THE HON'BLE THE ACTING CHIEF JUSTICE SRI RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.29020 of 2016 ORDER: (per Hon'ble the Acting Chief Justice Sri Ramesh Ranganathan) Heard Sri S.Dwarakanath, Learned Counsel for the petitioner, and Sri T.Vinod Kumar, Learned Special Standing Counsel for Commercial Taxes (Telangana) and, with their consent, the Writ Petition is disposed of at the stage of admission. Against the order passed by the VAT Tribunal, Hyderabad, the petitioner invoked the revisional jurisdiction of this Court under Section 34 of the VAT Act, for all the three assessment years filing three TREVCs. Sri S.Dwarakanath, Learned Counsel for the petitioner, would submit that, while the TREVCs for two of the assessment years have already been admitted, the TREVC for the third year i.e. TREVC No.
56 of 2016 is pending admission before this Court. The petitioner's grievance in this Writ Petition is that, pursuant to the order passed by the STAT, Hyderabad, the respondent-authorities were insisting that the petitioner herein pays the balance disputed tax of around 50%, and the petitioner has already paid 50% of the disputed tax for the appeal to be entertained by the STAT. As the petitioner has preferred TREVCs before this Court against the orders of the STAT, we consider it appropriate to direct the respondents not to take coercive steps for recovery of the disputed demand of Rs.52,97,259/- on condition that the petitioner pays 2/3rd thereof within four weeks from today. The petitioner shall be given credit for the amount already paid in this regard. The Writ Petition is, accordingly, disposed of.
The miscellaneous petitions pending, if any, shall also disposed of. No costs.
________________________________ RAMESH RANGANATHAN, ACJ ___________________________ U.DURGA PRASAD RAO, J Date:01.09.2016 cs