Nuclear Fuel Complex, v. The Assistant Commissioner (Ct) Ltu,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTIETH DAY OF JULY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE G.CHANDRAIAH AND THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WP .NO: 19987 of 2015 Between:

Nuclear Fuel Complex, Rep. by Chief Executive, Department of Atomic Energy, Moula-ali, ECIL Post, Hyderabad - 500 062.

..... Petitioner AND 1 The Assistant Commissioner (CT) LTU, Saroornagar Division, Gaganvihar, Nampally Station Road, Opp. Gandhi Bhavan, Hyderabad, Andhra Pradesh.

2 The Deputy Commissioner (CT), Saroornagar Division, Gaganvihar, Nampally Station Road, Opp. Gandhi Bhavan, Hyderabad. 3 The State of Telangana, Represented by its Principal Secretary (Revenue), Secretariat, Hyderabad.

4 The Joint Commissioner (CT)-II, O/o. The Commissioner of Commercial Taxes, Telangana State, Hyderabad.

.....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned order dated: 07.08.2014 in CCT's Ref.No. LIII (2)/145/2014-I, passed by the 4th respondent for the A.Y.2003-04 (CST) as illegal and unjustified. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri B. Narayana Reddy, Assistant Solicitor General for the Petitioner and the learned Government Pleader for Commercial Taxes (TG) for the Respondents, the Court made the following ORDER:

It is made clear that we are not expressing any opinion on the merits of the matter.

In normal circumstances, the cases wherein stay applications are pending are always disposed of by this Court at the admission stage itself putting the petitioners on certain terms. However, as the learned Government Pleader for Commercial Tax requests time in this matter on the ground that there is another connected writ petition

before the First Court for hearing, this matter is directed to be listed on 12.10.2015.

In the circumstances, there shall be interim stay of collection of disputed tax pending disposal of the appeal before the Tribunal. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Assistant Commissioner (CT) LTU, Saroornagar Division, Gaganvihar, Nampally Station Road, Opp. Gandhi Bhavan, Hyderabad, Andhra Pradesh.

2 The Deputy Commissioner (CT), Saroornagar Division, Gaganvihar, Nampally Station Road, Opp. Gandhi Bhavan, Hyderabad. 3 The Principal Secretary (Revenue), State of Telangana, Secretariat, Hyderabad.

4 The Joint Commissioner (CT)-II, O/o. The Commissioner of Commercial Taxes, Telangana State, Hyderabad.

(Addressees 1 to 4 BY RPAD) 5 One CC to Sri B. Narayana Reddy, Assistant Solicitor General (OPUC) 6 Two CCs to the G.P. for Commercial Taxes (Telangana), High Court, Hyderabad. (OUT) 7 Two spare copies.

nnr HIGH COURT GC,J &

CKR,J DATED: 20-7-2015 NOTE: List on 12-10-2015

ORDER

W.P.NO. 19987 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 27-07-2015

GC,J & CKR,J DATED: 20-7-2015 NOTE: List on 12-10-2015

ORDER

W.P.NO. 19987 OF 2015 DIRECTION