Andhra Pradesh High Court · 2004
Case at a glance
Outcome
Disposed of
In such view of the matter, instant writ petition is disposed of
Provisions considered
Key paragraphs
- Para 33. In such view of the matter, instant writ petition is disposed of directing the petitioner to deposit twenty five per cent of the disputed penalty and upon deposit of the said sum within a period of four weeks from date hereof, there shall be…
- Para 55. The writ petition is accordingly disposed of at the stage of admission. ---------------------------- M.H.S.ANSARI,J ------------------------------ T.CH.SURYA RAO, J AVS Date:10.12.2004. To 1 The Commercial Tax Officer Hyderguda Circle, Hyderabad. 2 The Appellate Deputy Commissioner (CT) Punjagutta Division, Hyderabad. 3 The Additional Commissioner (CT) Legal…
Judgment
Counsel for the Petitioner:MR.S.DWARAKANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following :
O R D E R (Per MHN,J) Having heard the learned counsel for the respective parties, we are inclined to dispose of the writ petition at the admission stage, without going into the merits of the contentions raised.
It is represented before us that the tax and also interest thereon has been paid. Appeal is pending before the 2nd respondent with regard to penalty of the sum of Rs.2,75,250/- and instant writ petition is filed praying for stay of recovery of the disputed penalty, pending disposal of the said appeal.
Operative part
In such view of the matter, instant writ petition is disposed of directing the petitioner to deposit twenty five per cent of the disputed penalty and upon deposit of the said sum within a period of four weeks from date hereof, there shall be stay with regard to balance of the penalty, pending disposal of the appeal before the 2nd respondent.
It is further directed that upon deposit of the amount of penalty within the time as stipulated above by the petitioner, the notice under Section 17 of the Andhra Pradesh General Sales Tax Act, 1957, issued to the Manager of the Andhra Bank dated 16.11.2004 shall stand suspended.
The writ petition is accordingly disposed of at the stage of admission. ---------------------------- M.H.S.ANSARI,J ------------------------------ T.CH.SURYA RAO, J AVS Date:10.12.2004. To 1 The Commercial Tax Officer Hyderguda Circle, Hyderabad. 2 The Appellate Deputy Commissioner (CT) Punjagutta Division, Hyderabad. 3 The Additional Commissioner (CT) Legal A.P.Nampally, Hyderabad.
4. Two C.C. to G.P. for Commercial Tax, High Court, Building, Hyderabad.
5. Two C.D. copies.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In such view of the matter, instant writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Andhra Pradesh General Sales Tax Act, 1957 — s. 17.
Which court decided this case, and when?
Andhra Pradesh High Court, on 10 Dec 2004. The bench was M H S ANSARI, T SURYA RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.