Wp/5865/2012 Of United Breweries Limited v. Commissioner Of Income Tax-Ii

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 5865 of 2012 DATE: 07.11.2013 Between: United Breweries Limited, Bangalore,Rep., by its authorized signatory,S.R. Sathish Babu, Hyderabad. … Petitioner And Commissioner of Income Tax-II,Visakhapatnam & others. … Respondents This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 5865 of 2012 ORDER:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition is disposed of at the suggestion of the learned counselfor the parties by the following order: We are of the view that the points, which were agitated before us, shallbe agitated before the Commissioner of Income Tax (Appeals) in the appeal,which is pending for hearing. We are told that the appeal is very old one and it requires expeditiousdisposal. Therefore, we direct the Commissioner to hear the appeal anddispose of the same in accordance with law.However, hearing of the appealshould not be taken up, unless the petitioner deposits 50% of the taxcomponent and the balance 50% is secured by bank guarantee from anationalized bank. Accordingly, we give three weeks’ time to the petitioner tocomply with this condition. The Commissioner shall dispose of the appealwithin a period of two weeks thereafter. Till then the interim order passed bythis Court will continue. If the petitioner did not comply with the abovecondition, this order will stand vacated. _____________________ K.J. SENGUPTA, CJ ____________________ SANJAY KUMAR, J