Wp/2523/2007 Of Bhagavan Sri Balasai Baba Central Trust v. The Deputy Commissioner Of Income Tax

THE HON’BLE SRI JUSTICE BILAL NAZKIANDTHE HON’BLE SRI JUSTICE NOOTYRAMAMOHANA RAO WRIT PETITION No.2523 of 2007 Date: 12-02-2007. Between : Bhagtavan Sri Balasai Baba Central Trust,Kurnool, Rep. by its Managing Trustee. …..Petitioner And The Deputy Commissioner of Income Tax, CentralCircle-6, Hyderabad & others. …..Respondents. THE HON’BLE SRI JUSTICE BILAL NAZKIANDTHE HON’BLE SRI JUSTICE NOOTYRAMAMOHANA RAO WRIT PETITION No.2523 of 2007 ORDER: (Per Hon’ble Sri Justice Bilal Nazki) Heard learned Counsel for the parties. Withtheir consent, the Writ Petition is being disposedof at this stage. The controversy is that an appeal is pendingbefore the Tribunal. During the pendency ofappeal, an application came to be filed for grant ofstay. Since appeal is pending and there arequestions which are to be decided by the Tribunal,therefore, we direct that on payment of half of theliability within a period of six weeks from today,there shall be stay of collection of disputed tax. For six weeks, there shall be an unconditional stayand the stay shall continue till disposal of theappeal, provided the amount is deposited withinsix weeks. The deposit of amount shall be withoutprejudice to the rights of the petitioner in the appeal. The Tribunal may also consider therequest of the petitioner for an early hearing of theappeal. Writ Petition is disposed of accordingly. Nocosts. 12[th] February 2007. _______________ BILAL NAZKI, J _____________________________ ajr NOOTYRAMAMOHANA RAO, J