Wp/28047/2022 Of Laxmi Infobahn One Private Limited v. Deputy Commissioner Of Income Tax

HIGH COURT FOR THE (SPecial Original Jurisdiction) WEDNESDAY, THE NINTH TWO THOUSAND AND PRESENT THE HONOURABLE [JUSTICE P.SAM KOSHY]ANDTHE HONOURABLE WRIT PETITIO [NO: 28047 ] [2022] Betwee n: 1Laxmi lnfobahn One [Prrvate ][Limited, Having ][its ][address ][at ][8-2-682, ][Laxmi]Cut"i C"ntr". Road No.12, [Banjara Hills, Hyderabad ][- ][500036 ][Telangana']ln'dla Represented [by ][its ][Authoriz6d Signatory Mr. ] [Srinivas]Cut"i C"ntr". Road No.12, [Banjara Hills, Hyderabad ][- ][500036 ][Telangana']ln'dla Represented [by ][its ][Authoriz6d Signatory Mr. ] [Srinivas] 2GARCorporationPrivateLimited'Havingitsadd.ressa.t8-2-682,LaxmiC.yberd;;ir","ii;r;' r.to.tz [arn,"ra ][Hills, ][Hv?eraba-d.- 500036 Telangana' lndia]Represented by [its Authori2ed Signatory ][Mr. ][N Srinivas]d;;ir","ii;r;' r.to.tz [arn,"ra ][Hills, ][Hv?eraba-d.- 500036 Telangana' lndia]Represented by [its Authori2ed Signatory ][Mr. ][N Srinivas] ...PETITIONERS AND1.Deputy Commissioner [of ][lncome ][Tax, ][Circle ][2(2), ][Signature ][Towers]Kondapur, Hyderabad.1.Deputy Commissioner [of ][lncome ][Tax, ][Circle ][2(2), ][Signature ][Towers]Kondapur, Hyderabad. Assistant Director of [lncome Tax, Centralized Processing ][centre, ][Bengaluru] 2 ...RESPONDENTS Petition under Article [226 ][of ][the constitution ][of ][lndia ][praying ][that ][in the]circumstances stated [in ][the ][affidavit ][filed ][therewith, ][the ][High ][court ][may ][be]pleased to issue a writ, direction [or ][order more particularly in ][the ][nature ][of ][a ][writ]of mandamus directing [the ][Respondent ][No.1 ][to ][permit ][the ][Petitioners ][to ][file]revised returns and [direct the ][transfer ][of TDS to ][a ][tune ][of ][Rs.3,1 ][2,25,9521-trom]the account of [Petitioner ][No.2 ][to ][Petitioner No.1 ][in ][accordance with ][the ][scheme]approved by the [National Company ][Law ][Tribunal, Bench ][at ][Hyderabad ][in]CP(CAA)No.36l23ol{D}t2o2landinaccordancewiththeprovisionsoflncomeTax Act, 1961 [.] lA NO: 1 OF 2022 Petition under Section 151 CPC [praying ]that in the circumstances [stated]in the affidavit filed in support of the petition, the High Court may be [pleased ]topermit the Petitioners to file revised returns for the Assessment years 2020-21and 2021-22 pursuant to the scheme of arrangement being approved by theNational Company Law Tribunal, Bench at Hyderabad inCP(CAA)No.36 230 IHDB 12021 [.] Counsel for the Petitioners: M/s. R.S.ASSOCIA'TES Counsel for the Respondents: M/s. K.MAMATHA, SC FOR lT DEPT., The Court made the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSTTY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY W.P.No.28O47 of 2o22 JUDGMENT:lret I tou'bt( .\t t .tu\ttL.t. p.SAM KOSHy) lleard learr-red Scr.rior Counsel for the petitioners andMs K. Mamatha, learncd Senior Standing Counsel appearing for the lncomeTa-x Department 2. The instant writ petitiol-l has been filed seeking for the reliel ofpermitting the pctitioners to file rcvised returns for the assessment years2o2o-21 and, 2o2r-22. Tl.re reason for seeking of such a rerief was refusal toaccept the revised returns by the respondents as this system does notaccept such reviscd returns being filed. Moreover, time for filing of revisedreturns was also lapsed. The Court made the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSTTY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY W.P.No.28O47 of 2o22 JUDGMENT:lret I tou'bt( .\t t .tu\ttL.t. p.SAM KOSHy) lleard learr-red Scr.rior Counsel for the petitioners andMs K. Mamatha, learncd Senior Standing Counsel appearing for the lncomeTa-x Department 2. The instant writ petitiol-l has been filed seeking for the reliel ofpermitting the pctitioners to file rcvised returns for the assessment years2o2o-21 and, 2o2r-22. Tl.re reason for seeking of such a rerief was refusal toaccept the revised returns by the respondents as this system does notaccept such reviscd returns being filed. Moreover, time for filing of revisedreturns was also lapsed. 3. The cla-rm of the petitioners was on the basis of the scheme ofarrangement being approved by the National Company Law Tribunal (forshort "NCLTJ, bench at Hyderabad in Cp(CAAlNo.36 /23O IHDB/2O21,decided on o l. 10.202 I and *,herein the effective date of the scheme cominginto force from 01.04.2O19. It is a case where petitioner No.2_Company i.e.,GAR Corporation Private Limited got demerged urith certain units ofpetitioner No. l-Company i.e., Laxmi infobahn One private Limited. Onaccount of the said amalgamation proceedings pending before theauthorities concerned, the T.D.s. certificates in favour of petitiorsr No.2-Company could not be claimed by petitioner No.2-Company ,rrd tnt .a-.was reflected in the revised returns submitted by petitroner No. l_Company altcr thc order of thc N.C.L.T. was passcd on O 1. 10.202 I . Hor.r'ever, for thcrcasons mentioned in the preceding paragraph, thc same \\as not acceptedby the respondcnts. This has led to thc filing of thc prescnt u'rit petition. 4. Learned Senior Counsel appcaring for the pctitioncrs submits thatthe issuc involved in the prcsent writ petition is no longer res rntegra as thematter stands squarely covered by the decision of the Supremc Court in thecase of Dalmio Power Lbnited u. Assistcrnt Comtnissioner oJ IncomeTax, Circle-I Trichgr and this High Court :rlso under similar sct of factshad allowed thc W.P.No.6892 of 2023, dccided on 11.O4.2023, in the case ofM/s TSI Business Parks Hgderabad Pvt Ltd u. Deputg Commissioner ofIncome Tax Circle 2I, setting aside the order o[ respondent No.1 therein,dated 11.OI.2O23 and directed him to take on bo:rrd the revised return ofincome filed by the petitioner. 5. So far as the legal position is concerned, the same ltas not beenconflicted by the learned Senior Standing Counsel appearing for theDepartment, particularly as regards the decision rendercd by the SupremeCourt in tlre case of Dalmla,. Power Limited's ccse (supra) and also thedecision rendered by the Division Bench of this l{igh Court in M/s TSIEusiness Parks Hgderabad. Put Ltd.'s case (suprd). Learned SeniorStarding Counsel for the Department furthcr submits that since the issue inthis present *rit petition is squarely covered by the aforesard lwo decisions,appropriate orders can be passed in the instant casc also. \ 6. The Division Bench of this High Court rn W.P.No.6892 of 2023 inparagraph Nos.10 to 13 has obsen,ed the following:- "10. ln Dolmio Power Limited (supro), the issue before the Supreme Courtwos whethu the lncome fox Deportment ought to hove permitted theossessee componies to file the revised income tox return Ior the assessmentyeor 2016-2017 ofter expiry of the due dote prescribed under SecQon 139(5)of the Act on dccount of pendency of proceedngs Jor omolgomotion of theossessee componies with other componies under Sections 230 to 232 ol theComponies Act, 2013. \ 6. The Division Bench of this High Court rn W.P.No.6892 of 2023 inparagraph Nos.10 to 13 has obsen,ed the following:- "10. ln Dolmio Power Limited (supro), the issue before the Supreme Courtwos whethu the lncome fox Deportment ought to hove permitted theossessee componies to file the revised income tox return Ior the assessmentyeor 2016-2017 ofter expiry of the due dote prescribed under SecQon 139(5)of the Act on dccount of pendency of proceedngs Jor omolgomotion of theossessee componies with other componies under Sections 230 to 232 ol theComponies Act, 2013. 11. We moy mention thot in the oforesdid cose, the scheme ofomolgomotion wos opproved ond sonctioned by the NCLT ofter the due doteof filing the revised return for the ossessment yeor 2016-2017. SupremeCourt refeffed to the prowsions of Sectlon 139(5) oJ the Act ond opined thatthe soid provision would not be opplicoble in o cose where revised returncould not be Jiled on occount ol the time token to gront sonction to thescheme of omolgomotion by NCLT. Section 139(5) ol the Act deols with filingof revised rcturn within o period of one yeor upon discovery of on omissionor wrong stotement mode in the initiol return of income. Supreme Courtalso referred to Section 170 of the Act ond held thot it is incumbent uponthe lncome Tox Deportment to ossess the totol income of the successorcompony in respect ol the previous ossessment yeor olter the dote ofsuccession. lncome Tox Deportment is requited to ossess the income oJ thesuccessAt compony ofter tdking into dccount the revised return filed ofteromolgomdtion of the compony. ln the focts ond circumstonces of thot cose,Supreme Court directed the lncome Tox Depottment to receive the revisedteturn of income for the ossessment year 2016-2017 liled by the oppellontstherein and to complete the ossessment for the soid ossessment yeor oftertdking into occount the scheme oJ omalgomotion os sonctioned by theNCLT. 12. Upon thorough considerotion, we ore of the view thot the decision ofthe Supreme Court in Dolmio Power Limited (supro) is squ(irely opplicoble tothe focts ol the present cose. lt is becouse ol circumstonces beyond thecontrol ofthe petitioner thotthe revised return could notbefiled belore thedue dote. However, under Section 170 of the Act, lncome Tax Deportment isobligoted to ossess the totol income of the ossessee of the previousossessme n t yeor post-om o lg o mo t i on. 13. Thot being the position, we set oside the order oI respondent No-7doted 11.01.2023 ond direct him to toke on bodrd, the revised rcturn ofincome liled by the petitioner lor the ossessment yeor 2027-2022 on23.12.2022 ond thereofter to process the same in dccordonce with low." 7. Given the fact that the Division Bench of this Court has already in the similar set of facts has taken a decision allowing the writ petition andpermitting the petitioner to file revrsed income, we are of the considered (( \ opinion that thc prcscnt writ petition also stands squarclv c()\,cred I)1.tltcaforesaid two decisions of thc Hon'trle Suprenre court as also r;y that of theDivision Bench of this High Court. 8. At this juncture, Iearned Scnior Counscl appcaring for thc petitioncrssubmits that the revised return income has already been subrnittcd. 9. In view of the aforesaid reasons, thc prcscnt writ petition standsa.llowed a,d the petitioners are hereby pcrmitted to firc r he fr.csh prrvsiczrrcopy of reviscd returns within a pcriod of ten days from today. Let thc samcbe done and the authorities may process the same as cxpeditiously aspossible, prefcrably, within ar outcr limit of six months fronr the clate ofrcceipt of copy of this order. Further, while taking a decision in thc casc ofthc pctitioners, the authorities concerned may keep in mind th<: clecisions,fthe Hontrle Supreme Court in Dalmla power Limited,s case (supra) andalso that of the Division Bench of this High Court in M/s TSI BusinessParks Hyd.erabad Pvt Ltd,s clrse (s-uprt:). No order as to costs. 9. In view of the aforesaid reasons, thc prcscnt writ petition standsa.llowed a,d the petitioners are hereby pcrmitted to firc r he fr.csh prrvsiczrrcopy of reviscd returns within a pcriod of ten days from today. Let thc samcbe done and the authorities may process the same as cxpeditiously aspossible, prefcrably, within ar outcr limit of six months fronr the clate ofrcceipt of copy of this order. Further, while taking a decision in thc casc ofthc pctitioners, the authorities concerned may keep in mind th<: clecisions,fthe Hontrle Supreme Court in Dalmla power Limited,s case (supra) andalso that of the Division Bench of this High Court in M/s TSI BusinessParks Hyd.erabad Pvt Ltd,s clrse (s-uprt:). No order as to costs. Consequently, miscellaneous petitions pending, if any, shall standclosedclosed SD/. T. JAYAqREEASSISTANT REGIStrRARsEcTloN o#rcen //TRUE COPY// To, 1. The Deputy Commissioner of [lncome ][Tax, ][Circle ][2(2), ][Signature ][Towers]Kondapur, Hyderabad.Kondapur, Hyderabad. 2. The Assistant Director of lncome [Tax, ][Centralized Processing ][Centre,]Bengaluru.Bengaluru. 3. One CC to M/s. R.S.ASSOCIATES, Advocate 4. One CC to M/s. K.MAMATHA, SC FOR lT DEPT., IOPUC] 5. Two CD Copies BSRGJP HIGH COURT DATED: 0910812023 JUDGMENTWP.No.28047 of 2022 \.=$i-sq\i:r.-,-:.:;-:-...'.r --'' [iif,lt ][i ][-.] ALLOWING THE WRIT [PETITION,]WITHOUT COSTS d2