M/S. Haroon Automotives v. The Additional Commissioner (Ct) (Legal)

* HONOURABLE SRI JUSTICE V.RAMASUBRAMANIAN + Writ Petition No.46829 of 2018 % 26-12-2018 # M/s. Haroon Automotives, Almaspet, Kadapa, A.P., Rep. by its Managing Partner, S.B. Ahmed Basha, S/o A.B. Abdul Khadar, Aged 36 years ... Petitioner Vs.

$ 1. The Addl. Commissioner (CT)(Legal), O/o Commissioner of Commercial Taxes, Edupugallu, Near Vijayawada, Krishna Dist., A.P.

2. The Deputy Commissioner CT, Kadapa Division, Kadapa, A.P.

3. The Asst. Commissioner CT (LTU), Kadapa Division, Kadapa, A.P.

4. State of A.P., Rep. by its Prl. Secretary, Revenue (CT) Dept., Velagapudi, Amaravathi, Guntur Dist., A.P.

... Respondents ! Counsel for the Petitioner:

Mr. M.V.J.K. Kumar Counsel for Respondents:

Mr. Shaik Jeelani Basha, Special Standing Counsel < Gist:

> Head Note:

? Cases referred:

Nil.

HONOURABLE SRI JUSTICE V.RAMASUBRAMANIAN Writ Petition No.46829 of 2018 Order: (per V.Ramasubramanian, J.) The petitioner has come up with the above writ petition challenging the dismissal of a stay petition pending a regular first appeal before the Tribunal.

2. Heard Mr. M.V.J.K. Kumar, learned counsel for the petitioner. Mr. Shaik Jeelani Basha, learned Special Standing Counsel, takes notice for the respondents 1 to 4.

3. What is pending before the Tribunal is a first appeal, on which the petitioner has already paid 25% of the disputed tax. Therefore, the writ petition is disposed of granting stay of collection of the balance tax, pending disposal of the appeal before the Tribunal, subject to the condition that the petitioner deposits another 25% of the disputed tax within a period of four weeks. Pending applications, if any, shall stand closed. No costs.

___________________________ V.RAMASUBRAMANIAN, J.

____________________ P.KESHAVA RAO, J.

26th December, 2018.

Ak

HONOURABLE SRI JUSTICE V.RAMASUBRAMANIAN Writ Petition No.46829 of 2018 (per VRS, J.) 26th December, 2018.

(Ak)