IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA WP :16782 of 2014 Between:
M/s.Life Care Medical Gases, Door No.29-27-62, Govindarajulu Naidu Street, Suryaraopet, Vijayawada, Krishna District, Rep.by its Managing Partner, Mr.Nagamothu Durga Butcheswara Rao.
……Petitioner AND
1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (CT-II) Department, A.P., Secretariat, Hyderabad.
2 Deputy Commercial Tax Officer-II, Vuyyuru Circle, Krishna District.
3 The Commercial Tax Officer, Suryaraopet Circle, Vijayawada.
...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or order or direction declaring the action of the 2nd respondent, Dt.30/4/2014 in insisting for payment of the differential amount in reference to the sale of Medical Grade Oxygen during the period February 2008 to October, 2012 under APVAT Act 2005 is contrary to proviso to Section 67(4) of the APVAT Act, 2005 and the judgment of this Court in Writ Petition No.31 of 2013, dated 6.8.2013 (57 APSTJ 53) as illegal, arbitrary, high handed and contrary to law and barred by limitation, and consequently, restrain him from taking any coercive steps for recovery of the said demand, till disposal of the appeal pending before the Sales Tax Appellate Tribunal, Visakhapatnam;
W.P.M.P.No. 20843 OF 2014 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to grant stay of all further proceedings pursuant to the assessment proceedings passed by the 2nd respondent, dated 30-04-2014 for the period February, 2008 to October, 2012 under APVAT Act 2005, pending disposal of Writ Petition No.16782 of 2014 on the file of the High Court.
The petition coming on for hearing and upon perusing the petition and affidavit filed herein and order of the High Court dated 19-06-2014 & 10-07-2014 made herein and upon hearing the arguments of SRI SHAIK JEELANI BASHA, Advocate for the Petitioner and of GP for Commercial Taxes for the Respondents, the Court made the following:
ORDER:
Interim order, dated 19.06.2014, shall continue to operate for a further period of six (6) weeks.
Post after four weeks.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1 One CC to SRI SHAIK JEELANI BASHA, Advocate (OPUC).
2 Two CCs to GP FOR COMMERCIAL TAX, HIGH COURT, HIGH COURT BUILDINGS, HYD. (OUT).
3 Two spare copies.
Tvr HIGH COURT RSRJ & ASNJ DATED: 01-08-2014 NOTE: POST AFTER FOUR WEEKS.
W.P.NO. 16782 OF 2014 INTERIM STAY CONTINUE DRAFTED: TVR DATED: 04-08-2014 HIGH COURT RSRJ & ASNJ DATED: 01-08-2014 NOTE: POST AFTER FOUR WEEKS.
W.P.NO. 16782 OF 2014 INTERIM STAY CONTINUE