Itta/51/2024 Of Empower Discretionary Trust v. The Additional Commissioner Of Income-Tax

tN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD TUESDAY, THE TWENTY FIFTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDAINCOME TAX TRIBUNAL APPEAL Nos. 12151 and 122 OF 2024and 122 OF 20242024 51 and 122 OF 2024and 122 OF 20242024 INCOME TAX TRIBUNAL APPEAL NO: 121 OF 2024 lncome Tax Tribunal Appeal Under Section 245 W of the lncome TaxAct,1961 against the Order dated 22-03-2024 passed inAABCE7607B/2O21|OO14lO4O3 for the Assessment Year 2021-22 on the file of theBoard for Advance Rulings('BAR')- l, New Delhi. Between: Gland Celsus Bio Chemicals Pvt. Ltd., (Formerly known as Esteem Modules Pvt.Ltd. ) Flat No. 301, Greenland Apartments, Ameerpet, Hyderabad- 500016Represented herein by its ...Appellant AND 1 . The Additional Commissioner of lncome- tax, Circle- 2(1 ) lT Towers,Hyderabad - 500004.Hyderabad - 500004. ...Respondent No.1 2. The Principal Commissioner of lncome- tax- 2, Signature Towers, OppositeBotanical Gardens, Kondapur, Hyderabad, Telangana - 560 084.Botanical Gardens, Kondapur, Hyderabad, Telangana - 560 084. ...Respondent No.2 lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased toallow the application and stay the initiation of the assessment proceedings forthe assessment year 2021- 22, in respect of the issue which was subject matterof the application filed by the appellant before the BAR - l, New Delhi whichcame to be rejected by the BAR vide its order dated 22.O3.2024 inAABCE7607B/20211OO141O4O3 during the pendency of the present appeal in theinterest of [justice.] Counsel for the Appellant : Ms. Manara Ananthan representingMs. K Srilatha Counsel for the Respondents: Sri P Murali Krishna INCOME TAX TRIBUNAL APPEAL NO: 51 OF 2024 lncome Tax ['Iribunal ]Appeal Under Section [-245 ]V/ of the lncome TaxAct,1961 against the Order dated 22lo3l2'024 passed, in444fE7207P120211001510404 for the Assessment Yeat 202'1-22 on the file of theBoard for Advance Rulings('BAR')- l, New Delhi. Between: Empower Discretronary Trust, 6-3-865111A, Flat No. 305, My Home GardeniaApartmenls, Greenlands, Ameerpet, Hyderabad-S00 016. Repiesented herein byits Authorized Representative Devarakonda Gopi. ...Appellant AND 1The Additional Commissioner of lncometax, Range-6, lT Towers, l-lyderabad- [500004.] ...Respondent No.1 The Principal Oommjssioner of lncome Tax 1, Signature, [-fowers, ]OppositeBotanical Gardens Kondapur, Hyderabad, Telangana - 560084Botanical Gardens Kondapur, Hyderabad, Telangana - 560084 2 "'Res,ondent [No'2] :2oF 2024 IAN Petition under Section 15'l CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court ma/ be pleased to staythe affidavit filed in support of the petition, the High Court ma/ be pleased to staythe assessment proceedings for the assessment year 2021-22, during thependency of the present appeal.pendency of the present appeal. Counsel for the Appellant : Ms. Manara Ananthan representing Ms. K Srilatha Counsel for the Respondents: Sri Vijhay K Punna (SENIOR tiC FOR ITD) INCOME TAX TRIBUNAL APPEAL NO: 122 OF 2024 lncome Tax Tribunal Appeal Under Section 245 W of the lncome Tax,qct,1961 against the Order dated OTtO3t2O24 passed inAAcrN4258M12021loo1710402 for the Assessment year 2021-22 on the fite of theAAcrN4258M12021loo1710402 for the Assessment year 2021-22 on the fite of theBoard for AdVance Rulings('BAR')- lll, Mumbai. Between: Counsel for the Appellant : Ms. Manara Ananthan representing Ms. K Srilatha Counsel for the Respondents: Sri Vijhay K Punna (SENIOR tiC FOR ITD) INCOME TAX TRIBUNAL APPEAL NO: 122 OF 2024 lncome Tax Tribunal Appeal Under Section 245 W of the lncome Tax,qct,1961 against the Order dated OTtO3t2O24 passed inAAcrN4258M12021loo1710402 for the Assessment year 2021-22 on the fite of theAAcrN4258M12021loo1710402 for the Assessment year 2021-22 on the fite of theBoard for AdVance Rulings('BAR')- lll, Mumbai. Between: 1. Nilay. Discretiorrary Trust, 6-3-865l1lA, Ftal No.305, My Home GardeniaApartments, Greenlands, . Ameerpet, Hyderabad-SO0 () j6 Rep. by itsAuthorized Representative ItIr. Devdrakondi Gopi.Apartments, Greenlands, . Ameerpet, Hyderabad-SO0 () j6 Rep. by itsAuthorized Representative ItIr. Devdrakondi Gopi. 2. The Additional Commissioner of lncome tax, Range 6 lT Towers, Hyderabad ...Appellant AND The Additional Commissioner of lncome Tax, Range-6, lT Towers,Hyderabad-500 004.Hyderabad-500 004. 1 ...Respondent No.1 2The Principal Commissioner Botanical Gardens, Kondapur, Hyderabad, of lncome Tax-1 Telag-nana-560 , Sionature Towers. OooositeOB4. " ['] ...Respondent No.2 lA NO: 2 OF 2024 Petition under Section 151 cPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased to staythe initiation of the assessment proceedings for the assessment year 2021-22 inrespect of the issues which was subject matter of the application filed by theAppellant before the BAR during the pendency of the present appeal. Counsel for the Appellant : Ms. Manara Ananthan representingMs. K Srilatha Counsel forthe Respondents: Sri P Murali Krishna The Court delivered the foltowing: Common Judgment \ THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICENARSING RAO NANDIKONDA I.T.T.A.Nos. 121 51 & 122 0F 2024 COMMON JUD.QILE_NI: @er Hon'bte sri rustice p.sr.m Kosha) Today, wiren the matter is taken up for hearing, Ms.Manara Ananthan, learned counsel representing Ms..K. Srilatha, learnedcounsel for the appellant entered appea-rarce and prays for withdrawalof these appeals u'ith a riberty to ava other apprrlrriate legal recourseavailable so far as the grievance of the appeilant isi concerned.2. As prayed for, these appeals stands dismissr:cl as withdrawn witha liberty as sought for.of these appeals u'ith a riberty to ava other apprrlrriate legal recourseavailable so far as the grievance of the appeilant isi concerned.2. As prayed for, these appeals stands dismissr:cl as withdrawn witha liberty as sought for. As a sequ el, miscellaneous applications p:.rding if any, shall stand closed. Sd/. K. SRINIVASA RAOREGTSTRARIfrNr frNr //TRUE COPY// becrroru oFFrcER To, 1. The Board for Advance Rulings('BAR')- I, New Delhi 2. The Board for Advance Rulings('BAR')- lll, Mumbai 3. One CC to Ms.K Srilatha, Advocate 4. One CC to Sri P tvlurali Krishna, Advocate 5. One CC to Sri Vijhay K Punna (SENIOR SC FOR ITD) TOPUCI 6. Two CD Copies ADK HIGH COURT DATED:2510312025 COMMON JUDGMENT lTTA.Nos.121, 51 and 122 of 2024 / ,.a--'--1H.F : t,'.,: ,6ox!.;l, t. -'[.]17APnM li!o\'.'+\\r'\\o,l4Tc HEoI DISMISSING THE APPEALS AS WITHDRAWN @at;o Ww