Andhra Pradesh High Court - Amravati
M/S. Scv Sky Vision, vs The Appellate Deputy Commissioner Ct, on 19 August, 2020
Bench: C.Praveen Kumar, B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) WEDNESDAY ,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI SST ICE C.PRAVEEN KUMAR THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 12350 OF 2020 Between: M/s. SCV Sky Vision, Door no. 18/2/268/15/1A, Abbanna Towers, Abbanna Colony, Tirupathi, Chittoor District, A.P., rep. by its Managing Partner Chenchu Krishnamma Naidu Petitioner AND 1. The Appellate Deputy Commissioner (CT),, Tirupathi Division, D.no. 19/10/100/3A, New Indira Nagar, Beside Sri Govinda Raja Swamy Arts College, Tirupathi, Chittoor District, A.P 2. The Commercial Tax officer,, Tirupathi -| Cricle, behind Radio Station, Tirupathi, Chittoor District,Ap 3. The State of Andhra Pradesh,, rep, by the Principal Secretary to the Government, Revenue (CT) Deparment,AP Secretariat Building, Velagapudi, Guntur District, AP Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or Direction, more particularly in the nature of MANDAMUS declaring that the action of the first Respondent in passing the impugned Appellate Order vide his ADC order No.5006,dated 15-02-2020 in Appeal no 64/2017- 18,upholding the impugned pently Order of the Second Respondent in A.O No.71234 dated 16-06-2017, for the Tax Period December 2015 to January 2016 and imposing pently @ 25 % of the Tax imposed by him u/S 4(8) of the A.P Value Added Act,2005,on the amounts received towards Refundable Security Deposits at the time of installation of Set Top Boxes in the premises of the Customers/subscribes of the Petitioners as required by the Government of India to enable them to receive the Cable T.V services ~ provided by the Petitioner, by treating the same as transfer of right to use the said Set Top Boxes, when the ingredients of the said Section are not attracted ,and further without considering or discussing the grounds of appeal and case laws submitted by the Petitioner, and further when it is not a case for imposing pently, as without authority, without jurisdiction, contrary to law,facts, violative of the principals of natural justice and illegal and consequently set aside both the said Appellate and Penalty orders. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant Stay of collection of the disputed penalty of Rs. 15,13,691-00 for the Tax Periods December, 2015 to January, 2016, pending disposal of WP 12350 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and affidavit filed in support thereof and upon hearing the arguments of Sri G. Narendra Chetty Advocate for the Petitioner and of GP for Commercial Tax for the Respondents, the Court made the following. ORDER:
Heard the learned counsel for both the parties.
" # It is to be noticed that the petitioner herein has challenged the very same appellate order in W.P.No. 12104 of 2020, and this Court, on 10.08.2020 passed the following interim order:
"When the matter is taken up, it is submitted by the learned counsel for the petitioner in a similar case, this Court granted interim order in I.A.No. 1 of 2018 in W.P.No. 6185, dated 07.03.2018.
Following the said order, there shall be interim stay of all further proceedings on condition that the petitioner deposits 25% of the tax amount | with the concerned authorities, 50% thereof within three weeks from today and the remaining 50% thereof within three weeks thereafter".
Subsequently, penalty proceedings came to be issued directing the petitioner to pay penalty of Rs.15,13,691/-. Challenging the same, the petitioner preferred an appeal and the petitioner is said to have deposited 12.5% of the penalty levied. By an order dated 15.02.2020, the Appellate Deputy Commissioner (CT), Tirupathi, confirmed the penalty levied by the primary authority. It is stated that the present writ petition came to be filed in view of the directions given by the Apex Court and also because of number of writ petitions are filed and pending on this aspect.
Having regard to the fact that the petitioner was directed to deposit 25% of the tax amount in I.A.No. 1 of 2020 in W.P.No. 12104 of 2020, we feel that in view of the prevailing COVID-19 pandemic, it may not be proper to give a direction to the petitioner to deposit further amount towards penalty. Hence, there shall be interim stay of recovery of the balance penalty amount by restricting the deposit of the amount to 12.5% of the penalty which is said to ee Sd/- Ch. Vv. Subrahmanya Sarma ASSISTANT REGISTRAR wr ENV have been deposited while preferring the appeal. (TRUE COPY// Z For ASSISTANT REGISTRAR To
1. The Appellate Deputy Commissioner (CT),, Tirupathi Division, D.No. 49/10/100/3A, New Indira Nagar, Beside Sri Govinda Raja Swamy Arts College, Tirupathi, Chittoor District, A.P The Commercial Tax officer,, Tirupathi -I Cricle, behind Radio Station, Tirupathi, Chittoor District,Ap The Principal Secretary, Revenue (CT) Department, State of Andhra Pradesh AP Secretariat Building, Velagapudi, Guntur District, AP (1 to 3 by RPAD) One CC to Sri G Narendra Chetty, Advocate [OPUC] Two CCs to GP for Commercial Tax , High Court of Andhra Pradesh. [OUT] One spare copy Par oO N TVR stg SSSA tmeme HIGH COURT CPKJ & BKMJ DATED:19/08/2020 ORDER WP.No.12350 of 2020 DIRECTION LO PING Hey