State of Andhra Pradesh v. The Chief Commissioner of Income-tax
[Citation -2016-LL-1201-39]

Citation 2016-LL-1201-39
Appellant Name State of Andhra Pradesh
Respondent Name The Chief Commissioner of Income-tax
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 01/12/2016
Judgment View Judgment
Bot Summary: The appellants are before this Court aggrieved by the interim order passed by the High Court of Judicature at Andhra Pradesh for the State of Telangana and the State of Andhra Pradesh dated 16.12.2015 in WVMP Nos.1688 2546 of 2015 and connected matters. The operative portion of the order reads as follows : The petitioners herein and the Government of A.P shall forthwith and, in any event, on or before 20.01.2016, re-deposit the amounts received by them from APBCL on the sale of the stocks attached by the Income-tax department. Such re-deposit would ensure that the entire sale proceeds remain in the separate account directed to be maintained by this Court. We dispose of these appeals with a request to the High Court to dispose of the Writ Petitions expeditiously and preferably before ensuing summer vacation. In case the Writ Petitions are dismissed, the appellants shall, subject to the orders passed by the High Court and subject to those orders attaining finality, deposit the amounts as ordered by the High Court within a period of one month, with interest as fixed by the High Court. Since the High Court has passed only an interim order, we make it clear that all contentions are left open and the Writ Petitions shall be disposed of uninfluenced by any of the observations and findings in the interim order. Till the Writ petitions are disposed of by the High Court, there should be no recovery of the dues in terms of the impugned order.


NON-REPORTABLE IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).11735-11740 OF 2016 (@SLP(C) NO(S).1125-1130 OF 2016) STATE OF ANDHRA PRADESH APPELLANT VERSUS CHIEF COMMISSIONER OF INCOME TAX AND ORS ETC RESPONDENTS WITH CIVIL APPEAL NO.11741 OF 2016 (@SLP(C) NO.1994 OF 2016) CIVIL APPEAL NO(S).11742-11743 OF 2016 (@SLP(C) NO(S).2142-2143 OF 2016) CIVIL APPEAL NO(S).11744-11745 OF 2016 (@SLP(C) NO(S).2124-2125 OF 2016) CIVIL APPEAL NO(S).11747-11762 OF 2016 (@SLP(C) NO(S).2817-2832 OF 2016) CIVIL APPEAL NO(S).11763-11764 OF 2016 (@SLP(C) NO(S).4817-4818 OF 2016) CIVIL APPEAL NO.11765 OF 2016 (@SLP(C) NO.2206 OF 2016) CIVIL APPEAL NO(S).11766-11767 OF 2016 (@SLP(C) NO(S).4799-4800 OF 2016) CIVIL APPEAL NO.11768 OF 2016 (@SLP(C) NO.6871 OF 2016) CIVIL APPEAL NO(S).11769-11771 OF 2016 (@SLP(C) NO(S).8461-8463 OF 2016) Page 1 2 JUDGMENT KURIAN, J. Leave granted. appellants are before this Court aggrieved by interim order passed by High Court of Judicature at Andhra Pradesh for State of Telangana and State of Andhra Pradesh dated 16.12.2015 in WVMP Nos.1688 & 2546 of 2015 and connected matters. operative portion of order reads as follows : petitioners herein and Government of A.P shall forthwith and, in any event, on or before 20.01.2016, re-deposit amounts received by them from APBCL on sale of stocks (beer, FL and IMFL) attached by Income-tax department. Such re-deposit would ensure that entire sale proceeds (ie Rs.489.07 crores les TDS of Rs.4.81 crores) remain in separate account directed to be maintained by this Court. interests of petitioners, Income Tax Department, and Government of Andhra Pradesh would be secured thereby as, after Writ Petitions are finally heard and decided, these amounts can be paid to those entitled thereto. When matter came up before this Court, vide order dated 01.02.2016, it was ordered that as far as amount of Rs. 489.07 crores liability of tax is concerned, there shall be no coercive steps till next date of hearing. Having heard Mr. P. Chidambaram, Mr. Pallav Shishodia, learned Senior Counsel for appellant(s) and Mr. Ranjit Kumar, learned Solicitor General, Mr. Basava Prabhu S. Patil, learned Senior Counsel and other learned counsel appearing Page 2 3 for respondents, we are of view that it is not necessary for this Court, at this stage, to go into various disputed contentions raised by parties on merits since Writ Petitions are pending before High Court. We find that deposit is to be made mainly by State of Andhra Pradesh. Therefore, we dispose of these appeals with request to High Court to dispose of Writ Petitions expeditiously and preferably before ensuing summer vacation. In case Writ Petitions are dismissed, appellants shall, subject to orders passed by High Court and subject to those orders attaining finality, deposit amounts as ordered by High Court within period of one month, with interest as fixed by High Court. Since High Court has passed only interim order, we make it clear that all contentions are left open and Writ Petitions shall be disposed of uninfluenced by any of observations and findings in interim order. Till Writ petitions are disposed of by High Court, there should be no recovery of dues in terms of impugned order. ..............J. (KURIAN JOSEPH) .........J. (AMITAVA ROY) NEW DELHI, DECEMBER 01, 2016 Page 3 State of Andhra Pradesh v. Chief Commissioner of Income-tax
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