Wp/2175/2025 Of M/S. Invecas Technologies Private Limited v. Deputy Commissioner Of Income Tax

HIGH COURT FOR THE STATE OF AT HYDERABAD(Special Original Jurisdiction) IMONDAY ,THE TWENTY SEVENTH DAY OF JANUARYTWO THOUSAND AND TWENTY FIVETWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE ANDTHE HONOURABLE SMT JUSTICE RENUKA WRIT PETITION NO: 2175 OF 2025 Between: It//s. lnvecas Technologies Private Limited, ['l2th ][Floor, ] [lT ][Park, Sy ][No.]319 and 337 Partly Fuppalaguda [Village, ][Rangareddy ][Dist., ][Hyderg.b^a{;]500032 Rep. by its Suthorised [iepresentative, Ramesh Babu ][Kollipara,5/0 ][K]Pulla Rao, bgel about 43 [years, ]R/o. [Flat ][No. ][4614, ][Kalpataru Residency, ][H]No. 8-4-300/i/A, Sy. No. 78, Ashok Marg, [Prem ][Nagar, Fatehnagar ][Village,]Sanathanagar, Hyderabad, Telangana [- ][500018] ...PETITIONER AND 1 . Deputy Commissioner of lncome Tax, Circle ?(1 ), [Room NO.514'5th ][Floor']Sionature Towers. Sv.No.6(P) of Kondapur, Sv.37(P) of [Kothaguda ][Opp']Bo"tanical Gardens,' Serlindampally [(trtl, ][R.R.District, ][HYDERABAD']Telangana, 500084Sionature Towers. Sv.No.6(P) of Kondapur, Sv.37(P) of [Kothaguda ][Opp']Bo"tanical Gardens,' Serlindampally [(trtl, ][R.R.District, ][HYDERABAD']Telangana, 5000842. Princi[al Commissioner of lncome tax [- ]2,6th [Floor, ] [Block, ][IT. ][Towers,]I\,4asab Tank, Hyderabad [-500004]I\,4asab Tank, Hyderabad [-500004]3. Branch Manag'er/Principal Officer, [Bank, ][(HDFC0003817) ][Plot ][No']265J1 Road No. 10 , Jubilee Hills, [Hyderabad-500033 ]...RES'ONDENTS265J1 Road No. 10 , Jubilee Hills, [Hyderabad-500033 ]...RES'ONDENTS Petition under Article 226 of lhe Constitution [of ][lndia ][praying ][that in ][the]circumstances stated in the affidavit [filed ][therewith, ][the ][High ][Court may ][be]pleased to issue a writ, order or direction, more [particularly issue ][a ][writ ][in ][the]nature in of [/andamus declarlng and directing [- ][i. The ][Respondents ][to ][release]the Bank Account (HDFC0003B17) and [refund Rs. 2,50,00,000/- along with ][upto]date interest and/or also release any further [sums illegally ][recovered ][by ][the]Respondents. ii. Setting-aside the stay [rejection ][order dated ][21 ][.01 ][.2025 ][as the]same illegal and without [jurisdiction ]and [directing ][the ][Respondents ][to ][re-]ad.judicate the stay application in accordance [with ][law ][and ][also adjudicate ][all]pending rectifications pending adjudication [qua ]the 3 AYs [in ][question (AY ][2020-]21, AY 2021-22 and AY 2022-23). [iii. The ][Respondents ][to ][grant ][a ][stay ][of] demand and not [proceed ]with any recovery [unless ][al ][rectification ][and ][stay]applications are dr']ly adjudicated upon. [iv. ][For ][such ][further and other ][reliefs,]including costs of thls Petition, as this [Hon'ble ][Court ][may deem ][fi: ][and ][proper ][in]the nature and circumstances [of the ][case ][v.Award ][the costs of this ][Writ ][Petition]in favour of the Petitioner and against [Respondents.] lA NO: 1 OF 2025 Petition und,:r Section 151 CPC [praying ][that ][in ][the ][circumstances ][stated]in the affidavit filecl in support of [the ][petition, ][the ][High ][Court ][may ][be ][pleased ][to]direct the Respondents to [grant/issue refund ][of ][Rs. ][2,50't)0' ][00 ][0l-andlor ][any such]amount illegally rec;overed from the Bank Account [in ][the ][interest ][of ][justice]lA NO: 2 OF 2025 Petltion und er Section 151 CPC [praying ]that [in ][the ][circumstances ][stated]in the affidavit filecl in support of [the ][petition, ][the ][High ][Court ][may ][be ][pleased ][to]direct the Respon,Jents to release the [Bank Account ][whlch has ][been ][illegally]attached in the interest of [justice]lA NO: 3 OF 2025 Petition under Sectton 151 CPC [praying ]that [in ][the ][circurrstances ][stated]in the affidavit filed in support of the [petition, ]the [High ][Court ][may ][be ][pleased ][to]stay the operation of the order dated [21 ][.01 ][.2025 issued by ][the ][Respondent ][and]stay the proceed rn,3s thereof Counsel for the Petitioner: Ms. ANANAYA KAPOOR [SRl. ][T. ] Petltion und er Section 151 CPC [praying ]that [in ][the ][circumstances ][stated]in the affidavit filecl in support of [the ][petition, ][the ][High ][Court ][may ][be ][pleased ][to]direct the Respon,Jents to release the [Bank Account ][whlch has ][been ][illegally]attached in the interest of [justice]lA NO: 3 OF 2025 Petition under Sectton 151 CPC [praying ]that [in ][the ][circurrstances ][stated]in the affidavit filed in support of the [petition, ]the [High ][Court ][may ][be ][pleased ][to]stay the operation of the order dated [21 ][.01 ][.2025 issued by ][the ][Respondent ][and]stay the proceed rn,3s thereof Counsel for the Petitioner: Ms. ANANAYA KAPOOR [SRl. ][T. ] Counsel for the Respondent Nos. ['l&2: ]Ms. J. SUNITHA JUNIOR SRI P. MURALI KRISHNA SENIOR SC FOR INCOME Counsel for the Respondent No.3: - The Court made the following: ORDER \, \ THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT JUSTICE RENUKA YARAWRIT PETITION No.2175 OF 2025 ORDER: (Per the Hon'ble the Actiig Chief Justice Sujog PauI) Ms.Ananya Kapoor, learned counsel appearsfor Sri T.Pradyoth, learned counsel for the petitioners andMs.J.Sunitha, learned Junior Standing Counsel for Income Taxrepresenting Sri P.Murali Krishna, learned Senior StandingCounsel for Income Tax, for respondent Nos.1 and 2. 2. With the consent, frnally heard. 3. During the course of hearing, learned counsel for the partiesreached to a consensus. It is agreed that since the stay rejectionorder dated 21.01.2025 (Annexure P.7) is not a reasoned one, itcan be set aside and the stay application may be restored to thefrle of the appellate authority. It is also agreed that the orderdated 22.07.2025 (Annexure P.8) ald bank attachment noticedated 03.01.2025 (received by HDFC Bank on lO.Ol.2O25)(Annexure P. 1) may be set aside by reser,r'ing liberfy to theappellate authority to pass an appropriate order after deciding thestay application. It is further agreed that the directions may be issued to the appeilate authority to decide all rectificationapplications expeditiously.applications expeditiously. 4. In view of consensus arrived at, the impugned stay rejection order dated ['.21.O1.2025, ]order dated 22.01.2025 and bankattachment notice dated 03.01.2025 (Annexures P.7.P.8 and P. 1)are set aside with the liberty prayed for by the Revenue. Theappellate authority shall make an endeavour to decide allrectifi cation applications expeditiously. 5.. Accordingly, the Writ Petition is disposedof,withoutexpressing any' opinion on the merits of the case. No order as tocosts. Miscellaneous petitions pending, if any, shall stan<l closed. SD/- T. TIRUMALA DEVIAREGISTRAR //TRUE COPY// ON OFFICER To,1. The Deputy Commissioner of [lncome Tax, ][Circle 2(1), ][Room ][I'JO.514,5th]Floor, Sign-ature Towers, Sy.No.6(P) of [Kondapur, Sy ][sz(P)o![oJfqgyla,]Opp. Botanical Gardens, Serlingampally [(lt/), ]R,R.District, [HYDERABAD,]Telangana, 5000841. The Deputy Commissioner of [lncome Tax, ][Circle 2(1), ][Room ][I'JO.514,5th]Floor, Sign-ature Towers, Sy.No.6(P) of [Kondapur, Sy ][sz(P)o![oJfqgyla,]Opp. Botanical Gardens, Serlingampally [(lt/), ]R,R.District, [HYDERABAD,]Telangana, 500084 2. The Piincipal Commissioner of [lncome tax - 2, ][6th ][Floor, ] [Block, ][LT. ][Towers,]Masab Tank, Hyderabad -500004Masab Tank, Hyderabad -500004 3. The Branch lvlahager/Principal Officer, [HDFC Bank, (HDFCOOl3817) Plot ][No.]265J1 Road No. 10, Jubilee Hills, Hyderabad-500033265J1 Road No. 10, Jubilee Hills, Hyderabad-500033 4. One CC to SRl. T. PRADYOTH, Advocate 5. One CC to SRl. J. V. PRASAD [(Sr. ]SC [TAX) ]IOPUC] 6. One CC to SRl. SRI P. IVURALI KRISHNA SENIOR SC TAXIOPL'C] 7. Two CD [{}opies] B IVIGJPGJP HIGH COURT DATED:2710112025 ORDER WP.No.2175 of 2025 DISPOSING OF THE WRIT PETITIONWITHOUT COSTS g4q"h k* 11lE [SlA,a]o;ft(i18 llAR [86]tO(splrcs