Madhucon Projects Limited v. Union Of India
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[ 337e I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENW NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P. SAM KOSHY AND THE HON'BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION NO: 35087 oF 2023 Between:
Madhucon lpiects Limite.d, Having its office at Madhucon House, 1129/4, Road No. 36, Jubitee Hills, Hyd-erabad -500033 Represented 'by DGtvi (Taxation) and Authorized Representative, T. Mohan Rao S/o. KoieshwJr Rao, Age.d about 61 .years, Resident of .H.No. 4-l-9196, Sai Charitha Nilayam, New Raghavendra Nagar, Nacharam, Hyderabad- 500076. ...rrr,r,o*a* ANO 1 - Union _of lndia, Represented_by its Revenue Secretary, Ministry of Finance, Qepartment of Revenue, Office of tvtinistry of Finance, Room No. 46, North Block, New Delhi - 1 10 00 1 .
2. central Board of Direct Taxes, Represented by its chairman, central Board of Direct Taxes, North Block, New Delhi- l 10002.-
3. Principal Director General of lncome Tax, (lnvestigation), Andhra pradesh _ and Telan_gana Aayakar Bhavan, Basheer Bagh, FyderabaO- 500004.
4. Principal Commissioner of lncome Tax (Central), Hyderabad, 7th Floor, Aayakar Bhavan, Basheer Bagh, Hyderibad- 500004.
5. D_eputy Commissionerof lncome Tix, Central Circle 1(2), Hyderabad (Formerly_Joint Commissioner of lncome Tax), 7th fOor, Rayakar Bhavan, Basheer Bagh, Hyderabad- 500004.
6. Assistant Commissioner of lncome Tax, Central Circle 1(2), Hyderabad, 7th Floor, Aayakar Bhavan, Basheer Bagh, Hyderabad- 50O0Ci4.
7. Additional/JC|T Admn Hyderabad Tech, 7ih Floor, Aayakar Bhavan, Basheer Bagh, Hyderabad- 500004.
Petition under Article 226 of the Constitution of tndia ,rrriff:i:i","til: circumstances stated in the affidavit filed therewith, the High Court may be pleased oto issue a writ or an order or a direction, more particularly a writ in the nature of mandamus declaring the actions of the Respondents in passing the Order dated 1411112023 bearing DIN and Letter number lTBNCOMtFllTtZO232411057919607( 1 ) and demanding payment of Rs. 22,49,12,075/- within one month from the end of the month of receipt or Order as being arbitrary, illegal, unconstitutional, and in violation of the Guidelines for Compounding of Offences under Direct Tax Laws, 2019 and provisions of the lncome Tax Act, 1g61 and
settled principles of law and thereby setting aside the Order dated 1411112023 bearing DIN and Letter number ITBA/COM/ Fl17l 2023-2411057919607(1) issued i!
to the Petitioner by TthlRespondent and consequently direct the Respondents to issue fresh Notices lallowing the Petitioner to explain the correct and proper !il calculation applicabld as per the Guidelines for Compounding of Offences under Direct Tax Laws, 2019 d i lA NO: 1 OF 2023 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 direct the Respondents to not close the compounding applications of the petitioner by extending the time period for a further period of twelve ('12) months to comply with the correct and proper calculation applicable and calculated by the Petitioner as per the Guidelines for Compounding of Offences under Direct Tax Laws, 2019 Counsel for the Petitioner: SRI TPS HARSHA Counsel forRespondeiit Nos. 1 & 2: SRI GADI PRAVEEN KUMAR f I DY. SoLICITOR GENERAL oF INDIA lr Counsel for Respondent Nos. 3 to 7: SMT. K. MAMATA The Court made the following: OROER
TIIE HON'BLE SRI WSTICE P.SAM KOSITY AND THE HON'BLE SRI WSTICE N.TUKARAMJT WRIT PETITION No.35O87 of 2023 ORDER: fuer Hotr'ble Sn Jrtslice P.s,{]vi KoSHy/ Learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition with a liberty to ventilate their grievance to approach the respondents through representation that has already been made by the petitioner, which includes the request for seeking further time for compliance of the order dated 14. 11.2023.
2.
Permission is accorded to withdraw the present appeal. 3.
With the liberty as sought for, the present Writ Petition stands dismissed as withdrawn. There shall be no order as to costs Miscellaneous petitions, pending if any, shall stand closed. SD/- K. AMMAJI ASSrsrANtRqgErRAR u/ SECTION OFFICER To, //TRUE COPY//
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4. Two CD Copies ,r CCtoS CCtoS CCtoS ri TPS Harsha Advocate [OPUC] ri Gadi Praveen Kumar, Deputy Solicitor General of lndia [OPUC] mt. K. Mamata, Advocate(OPUC) MBC GJP
{ HIGH COURT { li q i ti DATED: 2911212023 I I STArIi a$9 q 1I $ 2 rtB E1+ (.) * i .) I 1,\ t t, { / il
ORDER
li WP.No.35087 of 2023 DISMISSING THE WRIT PETITION WITHOUT COSTS LD+