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High Court for State of TelanganaWP/47151/2018disposed of no costs

M/S. Hindustan Coca Cola Beverages Private Limited v. The Assistant Commissioner (Ct),

2018-12-27V Ramasubramanian,P.Keshava Rao2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION Nos.47077, 47090, 47103 AND 47151 OF 2018 Date:27.12.2018 Between:

M/s. Hindustan Coca Cola Beverages Private Limited, Moula Ali, Hyderabad, Rep. by its Authorized Signatory. ... Petitioner in all the writ petitions.

v.

The Assistant Commissioner (CT), LTU, Sarornagar Division, Hyderabad and others.

.. Respondents in all the writ petitions For Petitioner : Mr. K. Raji Reddy For Respondents : Mr. J. Anil Kumar Gist :

Head Note :

Cases Referred : Nil C/15

THE HONOURABLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION Nos.47077, 47090, 47103 AND 47151 OF 2018 COMMON ORDER: (Per V. Ramasubramanian, J) These writ petitions challenge the dismissal of stay petitions pending disposal of the first appeal arising out of the Telangana Tax on Entry of Goods into Local Areas Act, 2001.

2. Heard Mr. K. Raji Reddy, learned Counsel for the petitioner and Mr. J. Anil Kumar and Mr.T. Vinod Kumar, learned Special Standing Counsel, takes notice for the respondents.

3. At the time of filing of the first appeal, the petitioner had paid 12.5% of the disputed tax. Therefore, we are of the view that the petitioner can be granted stay subject to the imposition of a condition. This is in view of the fact that a batch of writ petitions challenging the vires of the Act are pending on the file of this Court.

4. Therefore, the writ petitions are disposed of granting interim stay of collection of the balance tax during the pendency of the appeal subject to the condition that the petitioner deposits 12.5% of the demand (in addition to the 12.5% already deposited) within a period of six (6) weeks from the date of receipt of a copy of this order. As a sequel thereto, miscellaneous petitions, if any pending, shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J ____________________ P. KESHAVA RAO, J December 27, 2018 KTL