Wp/1329/2020 Of The Meridian Educational Society v. The Principal Commissioner Of Income Tax (Central) And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF DECEI\4BERTWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE UJJAL BHUYANANDTHE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 1329 OF 2020 Betwee n: The Meridian Educalional Society, A Society registered under the provisions ofthe AP. (T.A) Societies Registration Act, having its registered office bt H.No.8-2-541, Road No. 7, Ban.jara Hills, Hyderabad Rep. by its President Smt. LatithaNaidu, W/o. Late l.V.Naidu ...PETITIONER AND 1The Principal Commissioner of lncome Tax (Central) and 2 others, 7th Floor,Ayakar Bhavan Basheerbagh HyderabadAyakar Bhavan Basheerbagh Hyderabad , The Principal Commissioner of lncome Tax, (Vl) 2nd Floor, A- Block, AC GuardslT Towers, HyderabadlT Towers, Hyderabad Assistant Commissioner of lncome Tax, Circle 14(1 ), Hyderabad 3 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased toissue writ, order or direction more particularly one in the nature of Writ of Mandamusdeclaring the Order NO. ITBA/AST/S/143 (3)12019-2011023434223(1) dated30.12.2019 in so far as the 3rd respondent has added a sum of Rs. 31,93,53,9061issue writ, order or direction more particularly one in the nature of Writ of Mandamusdeclaring the Order NO. ITBA/AST/S/143 (3)12019-2011023434223(1) dated30.12.2019 in so far as the 3rd respondent has added a sum of Rs. 31,93,53,9061under Section 68 of the LT. Act as illegal, arbitrary, onerous and irrational and againstArticle 14 and 21 of the Constitution and to consequently set aside lhe same. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to stay allfurther proceedings pursuant to Order NO. ITBA/ASTlSl143(3)72019-20110234342 23(1) dated 30J2.2019 in so far as the 3rd respondent has added a sum of Rs.31,93,53,906/- under Section 68 of the l.T. Act, pending disposal of the writ petition. lA NO: 1 OF 2021 Between: '1 . The Principal Commissioner of lncome Tax (Central) and 2 others, 7th Floor,Ayakar Bhavan Basheerbagh Hyderabad. The Principal Commissioner of lncome Tax (Central) and 2 others, 7th Floor,Ayakar Bhavan Basheerbagh Hyderabad 2. The Principal Commissioner of lncome Tax, (Vl) 2nd Floor, A- Block, AC GuardslT Towers, HyderabadlT Towers, Hyderabad 3. Assistant Commissioner of lncome Tax, Circle 14(1 ), Hyderabad ...PETITIONERS/RESPONDENTS AND The tt4eridian Edu;ational Society, A Society [registered ][under ][the ][provisions of]the A.P. (T.A) Soc :ties Registratton [Act, having its registered offic,: at ][H.No.8-2-]541 Naidu, , Rodd W/o. Nb.7, Late I BanjaraHills, /.Naidu[Hyderabad, Rep. ][by ][its ][Presidertt ][Smt. ][Lalitha] ...RESPONDENTTPETITIONER Petition under Se( tion 151 CPC [praying ][that ][in ][the circumstances stated ][in the]affidavit filed in support [rf ]the [petition, ][the ][High Court may be pleased ][to ][vacate ][the]interim stay [granted ]by his Hon'ble Court [in ][l.A.No. 1 ][of ][2o2o in W.P. ][No.1329 of]2020 dated 23t011202( in the [interest ][of ][justice ][and ][equity ][as ][otherwise ][the]petitioners herein will be put to irreparable loss and severe hardship Counsel for the Petitior er: M/S. Counsel for the Respor dents: SRl. The Gourt made the foll rwing: order THE HON'BLE SRI JUSTICE UJJAL BHUYANANDIHE HON'BLE SMT. JUSTICE P.MADHAVI DEVI W.P.NO.1329 0F 2020 RDER 'lllerlBan Heard Ms. N.Niyatha, leamed counsel for the petitioner andMr. K.Raji Reddy, learned Senior Standing Counsel lor Income TaxDepartmcnt. 2. On 24.1I .2021, we had passed the following order: Counsel for the Petitior er: M/S. Counsel for the Respor dents: SRl. The Gourt made the foll rwing: order THE HON'BLE SRI JUSTICE UJJAL BHUYANANDIHE HON'BLE SMT. JUSTICE P.MADHAVI DEVI W.P.NO.1329 0F 2020 RDER 'lllerlBan Heard Ms. N.Niyatha, leamed counsel for the petitioner andMr. K.Raji Reddy, learned Senior Standing Counsel lor Income TaxDepartmcnt. 2. On 24.1I .2021, we had passed the following order: "Aftcr hcaring leamcd Senior Counsel Mr. S.Ravi for thepetitioncr for some tirne, we are of the view that petitioner should filean appeal before the Comrnissioner of Income Tax (Appeals) againstthe impugned assessment order dated 30.12.201. At this stage, learned Senior Counsel submits that on other issues,petitioner has already filed appeal. However, Mr. K.Raji Reddy, leamed Senior Standing Counselfor Income Tax submits that in the appeal already filed, the issuefor Income Tax submits that in the appeal already filed, the issuehighlighted in the writ petition is also one of the grounds ofappeal. Be that as it may, leamed Senior Counsel may obtain instructionsfrom his client.from his client. List tlris matter as first item on 29.11 .2021 ." 3. Today, learned counsel for the petitioner tried to argue the issuerelating to additions made under Section 68 of the Income Tax Act, I 961 . 4. We are of the vierv that since petitioner has already filed an appealbefore the Comnrissioner of lncor.ne Tax (Appeals) against the irnpugnedassessment order, petitioner may also take up this ground in the pendingappeal, ifnecessary by filing additional grounds ofappeal. 5. All contentions are kept open. (r. In c f above, petitioner is relegated to the lbrurn of appeal"'iew befbre the Comrniss oner ol'lncome ['l-ax ](Appeals). 7. Writ petiti )n is disposed of accordingly. 8. Interlocut rry applications pending, if any, shall stand r:losed. No order as to costs. SE,/.K.VENKAIAHASSISTAI.IT SEC:TION OFFICER //TRUE COPY' To,1. The Principal [Cc.nmissioner of lncome Tax (Central)' ][7th ][Floor' Ayakar ][Bhavan]Basheerbagh [H' derabad]2. The Principal [C( ][mmissioner of lncome ][Tax' ][(Vl) 2nd Floor' A- Block' AC Guards]lT Towers, [HYde ][rabad]3. Assistant [bomn ][issioner of lncome ][Tax' ][Circle ][14(1 ][)' ][Hyderabad]a. On" CC [to M/s. ] [Niyatha, ][Advocate ][ ],^^.;. o;; cc [to ][sri. ][rt ][Naiasimha ][sarma, ][Advocate ][[oPUC]]6. Two [CoPies]7. One SPare [CoP ]7' w PIV \ HIGH COURT DATED:01 [11212C21] ORDERWP.No.1329 [o1 ][2020] Disposing of [the ] Without costt;. 4 f,TAIa03ee03[J]li.l tI