Wp/5629/2007 Of Hyderabad Urban Development Authority v. Dy. Commissioner Of Income Tax

HON’BLE SRI JUSTICE BILAL NAZKIAND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.5629 of 2007 Date: 20-03-2007. Between : Hyderabad Urban Development Authority, Secunderabad,rep.by its Secretary. …..Petitioner And Deputy Commissioner of Income Tax, Hyderabad-V &another. …..Respondents. HON’BLE SRI JUSTICE BILAL NAZKIANDHON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.5629 of 2007 ORDER: (Per Hon’ble Sri Justice Bilal Nazki) Heard learned counsel for the parties. With their consent,the writ petition is being disposed of at this stage. The petitioner claimed that he had liability to pay no tax, butan assessment was made and he was asked to pay a tax of morethan rupees fifteen crores. He filed an appeal, which is pending. In the meantime, he filed an application before the DeputyCommissioner of Income tax for stay, which was rejected. Anapplication was also filed before the Administrative Commissioner,who granted stay subject to payment of rupees ten crores. Theappeal has been filed two months before and it has not beendecided so far. In this view of the matter, we feel that in the interest ofjustice, the petitioner be directed to pay 50% of liability. Out ofthis amount, 25% shall be paid within two weeks from today andthe other 25% shall be paid within eight weeks from today. Anyamounts already paid shall be given credit. The writ petition is disposed of accordingly. 20[th] March 2007. _______________ BILAL NAZKI, J _____________________________ NOOTY RAMAMOHANA RAO, J N.B:Order by wire at party’s cost. (b/o) ajr