Crlp/7274/2019 Of M/S Jaya Projects Limited v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT FOR THSTATE OF TELANGANAAT HYDEAD TUESDAY, THE NINETEE TH DAY OF AUGUSTTWO THOUSAND ATWENTY FIVE PREST THE HONOURABLE SRI JUS ICE J SREENIVAS RAO CRIMINAL PETITION Nos:963 AND 7274F19 CRIMINAL PETITION NO: 2963 OF 2019 Between: 1. Sri Koneru Ravi, S/o Dhana KoteswaRao, Director of M/s JayaProjects LtdAged about 46 years, Occ. Business,o Flat No.1Sri DivyaEnclave, MPCHSociety, Yellareddy guda, HyderabadAged about 46 years, Occ. Business,o Flat No.1Sri DivyaEnclave, MPCHSociety, Yellareddy guda, Hyderabad 2. Sri Koneru Keshava Rao, S/o T.urya Narayana, Director of M/s JayaProjects Ltd, Aged about 56 years,. Business, R/o H.No. 2-197, Porankivillage, Penamaluru Mandal, Krishnaistrict521137Projects Ltd, Aged about 56 years,. Business, R/o H.No. 2-197, Porankivillage, Penamaluru Mandal, Krishnaistrict521137 3. Sri Koneru Purnachandra Rao,o late K.Satyanarayana, Director ofMis Jaya Projects Ltd, Aged about6years, Occ. Business, Ri/o H.No.39-2-19A, Electricity Colony, City CentraICny, Labbipet, Vijayawada-S20 010.Mis Jaya Projects Ltd, Aged about6years, Occ. Business, Ri/o H.No.39-2-19A, Electricity Colony, City CentraICny, Labbipet, Vijayawada-S20 010. ...Petitioners/Accused Nos. 3 to 5 AND The Deputy Commissioner of lncomeax Circle 2(1),, 5th Floor, SignatureTowers, Opp. Botanic Gardens, Kondpur, Hyderabad,Rep by its Spl. PP Mr. B. Narasimhaharma. ...Respondent Petition under Section 482 of Cr.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the complaint in C.Co.21912017 on the file of the Court ofSpecial Judge for Economic Offences C urt, at Nampally, Hyderabad for theoffences punishable U/s 276CC of the lncome Tax Act 1961 against thePetitioners/Accused No. 3 to 5. l.A. NO: 1 OF 2019 Petition under Section 482 of Cr. C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to grant stay of all further prodings in C.C.No.219/2017 on the fileof the Court of Special Judge for Eco omic Offences Court, at Nampally,Hyderabad for the offences punishable U/276CC ot the lncome Tax Act 1961 , .i'i.!+-::ln including personal appearance of the Petitioners/Accused No. 3 to 5 pendingdisposal of the Criminal Petition in this Hon'ble Court. l.A. NO: 3 OF 2O2O Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the lVlemorandum of Grounds of Criminal Petition, the High Court maybe pleased to extend the interim orders granted on 17-06-2019 inCrl.P.No.2963 / 2019 till the disposal of main quash petition before this Hon'bleCourt. l.A. NO: 1OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to extend the interim orders granted on 17lOOl2O19 inCrlP No.2963/2019 till the disposal of main quash petition before this Hon'bleCourt. CRIMINAL PET]TION NO: 7274 OF 2019 Between: 1. M/s Jaya Prolects Limited,2nd Floor, H.No.8-3-669/1, Sri Sarada Nilayam,MPCH Soclety, Yellareddyguda, Hyderabad-73. Rep. by its ManagingDirector Sri Dhana Koteswara Rao,MPCH Soclety, Yellareddyguda, Hyderabad-73. Rep. by its ManagingDirector Sri Dhana Koteswara Rao, 2. Sri Dhana Koteswara Rao Koneru, S/o Late K. Satyanarayana, ManagingDirector of M/s Jaya Projects Ltd Aged about 68 years, Occ. Business,Rl/o H.No.8-3-66911017 and 8, Flat No. F-1, Sri Divya Enclase, MPCH Society,J.P.Nagar, Yellareddyguda, Hyderabad-73.Director of M/s Jaya Projects Ltd Aged about 68 years, Occ. Business,Rl/o H.No.8-3-66911017 and 8, Flat No. F-1, Sri Divya Enclase, MPCH Society,J.P.Nagar, Yellareddyguda, Hyderabad-73. ...Petitioners/Accused Nos.1 & 2 AND Between: 1. M/s Jaya Prolects Limited,2nd Floor, H.No.8-3-669/1, Sri Sarada Nilayam,MPCH Soclety, Yellareddyguda, Hyderabad-73. Rep. by its ManagingDirector Sri Dhana Koteswara Rao,MPCH Soclety, Yellareddyguda, Hyderabad-73. Rep. by its ManagingDirector Sri Dhana Koteswara Rao, 2. Sri Dhana Koteswara Rao Koneru, S/o Late K. Satyanarayana, ManagingDirector of M/s Jaya Projects Ltd Aged about 68 years, Occ. Business,Rl/o H.No.8-3-66911017 and 8, Flat No. F-1, Sri Divya Enclase, MPCH Society,J.P.Nagar, Yellareddyguda, Hyderabad-73.Director of M/s Jaya Projects Ltd Aged about 68 years, Occ. Business,Rl/o H.No.8-3-66911017 and 8, Flat No. F-1, Sri Divya Enclase, MPCH Society,J.P.Nagar, Yellareddyguda, Hyderabad-73. ...Petitioners/Accused Nos.1 & 2 AND The Deputy Commissioner of lncome Tax, Circle 2(1), 5th Floor, SignatureTowers, Opp. Botanic Gardens, Kondapur, Hyderabad. Rep by its special P.PHigh court Hyderabad. ...Respondent Petition under 482 of Cr.P.C praying that in the circumstances stated in theMemorandum of Grounds of Criminal Petition, the High Court may be pleased toMemorandum of Grounds of Criminal Petition, the High Court may be pleased toquash the complaint in C.C.No.21912O17 on the file of the Court of Special Judgefor Economic Offences Court, at Nampally, Hyderabad for the offencesfor Economic Offences Court, at Nampally, Hyderabad for the offencespunishable Uis 276CC of the lncome Tax Act 1961 against thePetitioners/Accused No.1 and 2 and grant such other relief or reliefs as thisHonorable Court may deem fit and proper in the circumstances of the case.Honorable Court may deem fit and proper in the circumstances of the case. Ery,/ ,/ LA NO: { OF 2019 Petition under Section 482 of Cr.Ppraying that in the circumstancesstated in the Memorandum of Grounds ofriminal Petition, the High Court maybe pleased to grant stay of all further procedings in C.C.No.219/2017, on the fileof Court of Special Judge for Economic Onces Court, at Nampally Hyderabadincluding the appearance of the Accusedand 2 till the disposal of the MainQuash Petition in the interest of the iustice. l.A. NO: 1OF 2021 Petition under Section 482 of Cr.P.praying that in the circumstancesstated in the Memorandum of Grounds ofriminal Petition, the High Court maybe pleased to extend the interim orders grated on 13-1'1-2019 in Crl.P No.7274ot 2019 till the disposal of main quash petitin before this Hon'ble Court l.A NO: 2 OF 2021 Petition under Section 482 of Cr.Ppraying that in the circumstancesstated in the Memorandum of Grounds ofriminal Petition, the High Court maybe pleased to extend the interim orderranted on 1311112019 in Crl.P.No.727412019 till the disposal of the main quaspetition before Hon'ble Court. l.A. NO: 1OF 2023 Petition under Section 482 of Cr.P.praying that in the circumstancesstated in the Memorandum of Grounds ofriminal Petition, the High Court maybe pleased to extend the interim orders [g]nted on 1311112019 in Crl.P.No.7274of 2019 till the disposal of main quash petitin before this Hon'ble Court This Petition coming on for hearingupon perusing the Memorandum ofGrounds of Criminal Petition andpon hearing the arguments ofSri K. Vasantha Rao, representing Sri.V.L.S. Prakash, Advocate for thePetitioners and of Sri T.P.S.Harsha, represnting Ms.J.Sunitha, Advocate for theRespondent. The Court made the following: COMMONRDER t'-\ HONOT]RABLE SRI JUSTICE J. SREENIVAS RAOCRIMINAL PETITION Nos.2963 and7274 OF 2019 COMMON ORDER: These Criminal Petitions have been filed by the petitioners/accused Petition under Section 482 of Cr.P.praying that in the circumstancesstated in the Memorandum of Grounds ofriminal Petition, the High Court maybe pleased to extend the interim orders [g]nted on 1311112019 in Crl.P.No.7274of 2019 till the disposal of main quash petitin before this Hon'ble Court This Petition coming on for hearingupon perusing the Memorandum ofGrounds of Criminal Petition andpon hearing the arguments ofSri K. Vasantha Rao, representing Sri.V.L.S. Prakash, Advocate for thePetitioners and of Sri T.P.S.Harsha, represnting Ms.J.Sunitha, Advocate for theRespondent. The Court made the following: COMMONRDER t'-\ HONOT]RABLE SRI JUSTICE J. SREENIVAS RAOCRIMINAL PETITION Nos.2963 and7274 OF 2019 COMMON ORDER: These Criminal Petitions have been filed by the petitioners/accused Nos.l to 5, invoking the provisions under section 482 of the Code ofCriminal Procedure, 1973 (for short 'Cr.P.C') seeking to quash theproceedings against them in C.C.No.219 of 2017 on the file of the SpecialJudge for Economic Offences Court at Nampally, Hyderabad, for theoffences punishable under Section s 276 CC r/w Sections 278-8 and E ofthe Income Tax Act, 1961 (for short'lT Act'), on the ground that thepetitioners have not filed their income tax returns within the stipulatedtime as prescribed under Section 1 39( I ) of the IT Act 2. Heard Mr.K.Vasantha Rao, leamed counsel representingMr.A.V.L.S.Prakash, leamed counsel for the petitioners andMr.T.P.S.Harsha, learned Standing Counsel representing Ms.J.Sunitha,leamed Senior Standing Counsel for respondent. 3. During the course of the hearing, it was brought to the notice of thisCourt that the evidence ofthe parties has been completed before the trialCourt, and the matter is posted for arguments. Ih 4. In view of the fact that the matter has already reached the stage ofarguments before the trial Court, thisCourt is not inclined to quash theproceedings against the petitioners/accLrsed Nos.l to 5 in C.C. No.219 of2017. However, the petitioners/accuseI Nos.i to 5 are granted liberty toraise all the grounds which are available under law, including the groundswhich are pleaded in the present crimiral petition before the trial Court inC.C. No.219 of 2017. [n such circumstances, the trial Court is directed toconsider and decide the matter on meritr;, in accordance with law. 5. Accordingly, the criminal petitior s are disposed of if any, shall stand closed Miscellaneous Petitions, pending SD/. P CH NAGABHUSHAJT,IBA,EPUTY REGISTRAR //TRUE CO)Yll SECT]ON OFFICER To, 1 . The Special Judge for Economic Offenc2. One CC to Sri A.V.L.S. Prakash, Advoc3. One CC to Ms.J.Sunitha (Sr SC for INC2. One CC to Sri A.V.L.S. Prakash, Advoc3. One CC to Ms.J.Sunitha (Sr SC for INC es Court, Hyderabadate OM TAX), Advocate 4. Two CD Copies ABK 't HIGH GOURTDATED: 1910812025 lii'r- \COMMON ORDERO'-)2 i [lljt ][?t?5]Li.J. .},,CRLP Nos. 2953 AND 7274 OF 2019r, //kOr(.---.. [nAl.'-.r.- ][;. ][']ii.iiu'.,,j,-.--.--a-- DISPOSING OF THE CRIMINAL PETITIONS