IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22430 OF 2014 DATED: 06-08-2014 Between:
M/s. A.P. Beverages Corporation Limited, Nampally, Hyderabad … Petitioner And The Commissioner of Income Tax-I, 3rd Floor, Ayakar Bhavan, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22430 OF 2014 ORDER: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) order.
The writ petition is heard and finally decided by the following The points agitated before us may be agitated before the Commissioner of Income Tax, Appeals. As we are told that a regular appeal has been preferred, all points are kept open.
The petitioner shall make a deposit of Rs.200.00 crores (Rupees two hundred crores only) within a period of four weeks from date, without prejudice, subject to the result of the appeal. In the event the petitioner succeeds, the amount so deposited would be refunded or adjusted against other liabilities, if any. We therefore keep the impugned notice in abeyance and it will abide by the result of the appeal. The petitioner would be free to operate the bank accounts, leaving Rs.200.00 crores in balance either in a single account or in more than one account.
The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 06-08-2014 Svv