Gayatri Projects Limited vs. Additional Commissioner (Ct) Legal
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Ahsanuddin Amanullah , B Krishna Mohan
Listed On:
25 Oct 2021
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Order Text
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THE HON'BLE Mr.JUSTICE AHSANUDDIN AMANULLAH AND THE HON'BLE Mr.JUSTICE B.KRISHNA MOHAN
WRIT PETITION No.22051 of 2021
M/s Gayatri Projects Limited, rep., by its Deputy Manager-Indirect Tax, Mr.P.Srinivasu, #7-8-10/1, Indira Nilayam, Waltair Uplands, Visakhapatnam-530 003. ….Petitioner
Versus
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- Additional Commissioner (CT) Legal, O/o Commissioner of Commercial Taxes, Andhra Pradesh, Edupugallu, Near Vijayawada.
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- Appellate Deputy Commissioner (CT), Vijayawada.
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- Commercial Tax Officer, China Waltair Circle, Visakhapatnam.
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- State of Andhra Pradesh, rep., by its Principal Secretary to Government, Revenue (CT-II) Department, Secretariat, Velagapudi, Amaravati, Guntur District. ….Respondents
| Counsel for the petitioner | : Mr.P. Karthik Ramana |
|---|---|
| Counsel for the respondents | : Mr.Sekhar, learned Government |
| Pleader, Commercial Tax-I. |
ORAL JUDGMENT
Date: 25.10.2021
(Per Hon'ble Mr. Justice Ahsanuddin Amanullah)
Heard Mr. Karthik Ramana, learned Counsel for the petitioner and Mr. Sekhar, learned Government Pleader, Commercial Tax-I.
- The petitioner has filed the writ petition for the following relief:
"…..to issue a Writ, Order or direction quashing the impugned order of the 1st Respondent in CCTs Ref.No.LII(1)/91/2021, dated 15.09.2021 for the tax period April,2016 to March, 2017 as illegal, arbitrary, unjustified and consequently restrain the 3rd Respondent from taking any coercive steps for recovery of the balance
disputed tax of Rs.21,79,698/- out of total disputed tax of Rs.42,93,466/-, pending disposal of the appeal in Appeal No. VSP/55/2020-21 before the 2nd respondent and to pass such other order or orders…."
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Learned counsel for the petitioner submitted that he has already paid 50% of the impugned demand and appeal is also pending and the court may protect him from coercive action for recovery of remaining 50% till the disposal of the appeal on merits.
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Learned Government Pleader, Commercial Tax-I submitted that the petitioner should co-operate and see that the appeal is disposed of without delay.
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Having regard to the aforesaid, the writ petition stands disposed of, with a direction to the petitioner to appear before the respondent no.2 within two (02) weeks from today. Upon doing so, the respondent no.2 shall dispose of the Appeal by passing final order, after giving opportunity for hearing the petitioner, within a month from the date of appearance of the petitioner. Till such time, the respondent no.2 is directed not to take any coercive steps against the petitioner for recovery of remaining dues as per the impugned demand. There shall be no order as to costs.
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Miscellaneous Applications, if any pending also stand disposed of.
_______________________________ (AHSANUDDIN AMANULLAH, J)
________________________________ (B KRISHNA MOHAN, J)
KK
THE HON'BLE Mr.JUSTICE AHSANUDDIN AMANULLAH AND THE HON'BLE Mr.JUSTICE B KRISHNA MOHAN
Writ petition No.22051 of 2021 Date: 25.10.2021
KK