Sri Srinarayan Toshniwala, Learned Counsel Representingsri A v. Accordingly,Thewritpetitionisdismissedas

IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI(Special Original Jurisdiction) FRIDAY, THE FIFTEENTH DAY OF MARCHTWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARIAND THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27528 OF 2023 Between: M/S. Syndicate Retired Employees And Other Mutually Aided Co-OperativeCredit SocietyLimited,H.No. 40/437, GroundFloor, Eswar Nagar, 0pp.Children's Park, Kurnool - 518 001, Andhra Pradesh. Represented by its ChiefExecutive Officer, Mr. Bhuma Srinivasa Reddy, Sic Sri Bhuma Venkata Reddy AND ...Petitioner 1. The Income Tax Officer, Ward1,Kurnool, Income Tax Office, 0pp.Children's Park, NR Pet, Kurnool - 518 001, Andhra[Pradesh.]Children's Park, NR Pet, Kurnool - 518 001, Andhra[Pradesh.] 2. The Joint Commissioner of Income Tax, Kurnool Range,[Income Tax]Office,0pp.Children'sPark,NRPet,Kurnool- 518001,AndhraPradesh.Office,0pp.Children'sPark,NRPet,Kurnool- 518001,AndhraPradesh. 3. TheNationalFaceless AppealCentre(NFAC),Delhi,IncomeTaxDepartment, Ministry of Finance, Government of India.Department, Ministry of Finance, Government of India. 4. ThePrincipal Commissionerof IncomeTax,Tirupati,IncomeTaxOffice, K.T. Road, Tirupati - 517 501, Andhra Pradesh.Office, K.T. Road, Tirupati - 517 501, Andhra Pradesh.5. The Central Boardof Direct Taxes,RepresentedbyitsChairman,Department of Revenue,Ministryof Finance, GovernmentofIndia,Secretariat Buildings, New Delhi - 110 001.Department of Revenue,Ministryof Finance, GovernmentofIndia,Secretariat Buildings, New Delhi - 110 001. ...Respondents Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to a Writ, Order or Direction, one more particularly in the natureof Mandamus,declaringat theorder the1®* Respondent(passedoninstructions of the 2""^ Respondent), dated 12.10.2022,[vide][ DIN and][ Letter] no. ITBA/COM/F/17/2022-23/1046262631(1), directing the Petitioner to pay10percentof the demandinsix equalinstallments, commencing fromOctober, 2022, pending disposal of the appeal of the[Petitioner][ before][ the]VV1'Tst Appellate Authority, for the Assessment Year 2017[-][ 18,][ and][ b.the][ order]c^of the 1st Respondent (passed on the directions of[the 4th][ Respondent),]dated03.02.2023,videDIN.ITBA/COM/F/17/2022-23/1049399718(1)[,]directing the Petitioner to pay Rs. 40,00,000/- by end of February, 2023, andbalance demandininstallmentsofRs.5,00,000/-permonth,pendingdisposal of the appeal of the Petitioner before the 1®' Appellate Authority, forthe Assessment Year 2017- 18, as arbitrary,illegal, badin law, bereft ofany reasons, violative of principles of natural justice and[ to] consequentlyset-aside the same and grant stay of recovery, pendingdisposalof thePetitioner's appeal before the 1st Appellate Authority. lA NO: 1 OF 2023 Petition under Section151 CPC prayingthatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleasedgrantstayofallfurtherproceedings,includinganyrecovery,pursuanttotheorderofthe1®*Respondent(oninstructionsof4thRespondent),dated03.02.2023,videDIN.ITBA/COM/F/17/2022-23/1049399718(1), pending disposal of the appeal of[the][ Petitioner][ before]the1®' Appellate Authority, for the Assessment Year 2017-18, pendingdisposal of the above Writ Petition. Counsel for the Petitioner: SRI A V A SIVA KARTIKEYA Counsel for the Respondents: VIJAY KUMAR PUNNA The Court made the following: Order THE HON’BLE SRI JUSTICE RAVI NATH TILHARIAND THE HON’BLE SRI JUSTICE HARINATH NUNEPALLYWRIT PETITION No.27528 OF 2023 JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) Counsel for the Petitioner: SRI A V A SIVA KARTIKEYA Counsel for the Respondents: VIJAY KUMAR PUNNA The Court made the following: Order THE HON’BLE SRI JUSTICE RAVI NATH TILHARIAND THE HON’BLE SRI JUSTICE HARINATH NUNEPALLYWRIT PETITION No.27528 OF 2023 JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) Sri Srinarayan Toshniwala, learned counsel representingSri A. V. A. Siva Kartikeya, learned counsel for the petitionerappearing through virtual mode submits that the petitioner[does]not want to press this petition anymore and wants to[withdraw]the same which may be dismissed as withdrawn. 2.SriVijhayKPunna,learnedSeniorStandingCounsel for Income Tax Department for the respondents[has][ no]objection to the aforesaid prayer.Counsel for Income Tax Department for the respondents[has][ no]objection to the aforesaid prayer. 3.Accordingly,theWritPetitionisdismissedas withdrawn. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending.shall also stand closed. Sd/- B PRASADA RAOASSISTANT REGISTRARSECTION OFFICER //TRUE COPY// To, 1. One CC to SRI A V A SIVA KARTIKEYA Advocate [OPUC 2. One CC to SRI VIJAY KUMAR PUNNA Advocate 3. Two CD Copies gsg HIGH COURT DATED: 15/03/2024 ORDERWP.No.27528 of 2023 WP IS DISMISSED AS WITHDRAWNWITHOUT COSTS K•f