STATE OF ANDHRA PRADESH Vs. THE CHIEF COMMISSIONER OF INCOME TAX
LAWS(SC)-2016-12-53
SUPREME COURT OF INDIA
Decided on December 01,2016

STATE OF ANDHRA PRADESH Appellant
VERSUS
The Chief Commissioner of Income Tax Respondents

JUDGEMENT

KURIAN,J. - (1.) Leave granted. 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 (beer, FL and IMFL) attached by the Income-tax department. Such re-deposit would ensure that the entire sale proceeds (ie Rs.489.07 crores les the TDS of Rs.4.81 crores) remain in the separate account directed to be maintained by this Court. The interests of the petitioners, the Income Tax Department, and the Government of Andhra Pradesh would be secured thereby as, after the Writ Petitions are finally heard and decided, these amounts can be paid to those entitled thereto."
(2.) When the matter came up before this Court, vide order dated 01.02.2016, it was ordered that as far as the amount of Rs. 489.07 crores liability of tax is concerned, there shall be no coercive steps till the next date of hearing.
(3.) Having heard Mr. P. Chidambaram, Mr. Pallav Shishodia, learned Senior Counsel for the appellant(s) and Mr. Ranjit Kumar, learned Solicitor General, Mr. Basava Prabhu S. Patil, learned Senior Counsel and other learned counsel appearing for the respondents, we are of the view that it is not necessary for this Court, at this stage, to go into the various disputed contentions raised by the parties on merits since the Writ Petitions are pending before the High Court. We find that the deposit is to be made mainly by the State of Andhra Pradesh.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.