Wp/30656/2022 Of M/S. Klsr Infratech Limited v. The Principal Commissioner Of Income Tax(Central)

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF JULYTWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYANAd0THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 30656 OF 2022 Between: M/s. KLSR lnfratech Limited, Rep. by its Director Sri G. Suraj, S/o. G.Madhusudan Reddy, Occ. Business, Rio. H.No.2-56lD1213198, KLSR Towers,Flat.No,4B, Near YSR Statue, Ayyappa Society, Madhapur, Hyderabad-500081 . ..PETITIONERS AND 1. The Principal Commissioner of lncome Tax(Central), Central Circle,Hyderabad, Aayakar Bhawan, Opposite LB Stadium, Basheer Bagh,Hyderabad.Hyderabad, Aayakar Bhawan, Opposite LB Stadium, Basheer Bagh,Hyderabad. 2. The Deputy Commissioner of lncome Tax, Central Wing, Central Circle-l(2),Aayakar Bhawan, Opposite LB Stadium, Basheer Bagh, Hydreabad.Aayakar Bhawan, Opposite LB Stadium, Basheer Bagh, Hydreabad. 3. The Assistant Commissioner of Income Tax, Central Wing, Central Circl+1(2), Aayakar Bhawan, Opposite LB Stadium, Basheer Bagh, Hyderabad.1(2), Aayakar Bhawan, Opposite LB Stadium, Basheer Bagh, Hyderabad.4. The Kotak Mahindra Bank, /8, Ground Floor, Ashoka HitechChambers, Road.No.2, Banjara Hills, Hyderabad.Chambers, Road.No.2, Banjara Hills, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue order or orders or direction or writ more particularly one in thenature of writ of Mandamus, declaring the action of the 3'd respondent issuing theimpugned order of attachment vide DIN and Notice No.ITBAJRCV/S 1226(3)-112022-23/1043906697(1), dated. 18.07.2022 when the arguments are concludedbefore the Commissioner of Appeal and orders ale awaited without assigning anyreasons as illegal, arbitrary, malafide, intentional, mechanical and consequentlyset-aside the same as illegal in the interests of justice; lA NO: 1 OF 2022 Petition un er Section ['151 ]CPC praying that in the cir:umstances stated inthe affidavit filed r support of the petition, the High Court m:ry be pleased to staythe impugned rrder of attachment vide DIN and Notice No.lTBfuRCVtsl226(3)_1l2O2 l-2311043906697(1), dated. 18.07 2022 issue,d by the 3'drespondent, pend rg disposal of the writ petition; Counsel for the I etitioner(s): SRl. K V BHANU PRASAD Counsel for the I espondents R1 to R3: B NARASIMI-IA SAI?tllA The Court made 1e following: ORDER lI THE TION'BLE THE CHIEF JUSTICE UJJAL BHUYANAND THE.HONOURABLE MRS JUSTICE SUREPALLI NANDAWRIT PETITION No.30656 of 2022 ORDER: (Per the Hon'ble the Chief Justice Ujjal Bhuyan) Heard Mr. K.V.Bhanu Prasad, learned counsel for thepetitioner and Mr. B.Narasimha Sarma, learned Standingcounsel for Income Tax Department for respondent Nos. 1. 2&3. 2. ln this writ petition, chalienge has been made to the order of attachment dated 18.07.2022 under Section226(31 of the Income Tax Act, 196 1. 3. Learned counsel for the petitioner submits thatafter filing of the w-rit petition, there has been [some]development. Respondents are contemplating to withdrawthe attachment on payment of outstanding dues byinstallments. 2 H(J & SNJ W. P.,^'lct..) Ct 65 [( ]oJ 2 02 2 4 . In view ol above, iearned cou n,. e I f rr thepetitioner sul mits on instructions that petitiorrer rhay bepermitted to r ithdraw the writ petition.petitioner sul mits on instructions that petitiorrer rhay bepermitted to r ithdraw the writ petition. 5. Wr it Petition is accordingly dispc s<:d of onwithdrawal. i owever, there shall be no ordr:r as to costs. 6. Mi ;cellaneous applications pending, il zury,111this Writ Petit on shall stand closed. Jd/. B SATY.{\'ATHII] t.]I'UIY REGISTR,\Ra/SEC'IION OFFICER //TRUE COP}7/ To, 1. One CC to ]Rl. K V BHANU [Advocate ]IOPUCI 2. One CC to iRl. B NARASIMHA [SARtvlA ][Advocate ][OPtlC l 3. Two CD Cc ries J HIGH COUF T UBJ&SNJDATED:2711 712022 2 H(J & SNJ W. P.,^'lct..) Ct 65 [( ]oJ 2 02 2 4 . In view ol above, iearned cou n,. e I f rr thepetitioner sul mits on instructions that petitiorrer rhay bepermitted to r ithdraw the writ petition.petitioner sul mits on instructions that petitiorrer rhay bepermitted to r ithdraw the writ petition. 5. Wr it Petition is accordingly dispc s<:d of onwithdrawal. i owever, there shall be no ordr:r as to costs. 6. Mi ;cellaneous applications pending, il zury,111this Writ Petit on shall stand closed. Jd/. B SATY.{\'ATHII] t.]I'UIY REGISTR,\Ra/SEC'IION OFFICER //TRUE COP}7/ To, 1. One CC to ]Rl. K V BHANU [Advocate ]IOPUCI 2. One CC to iRl. B NARASIMHA [SARtvlA ][Advocate ][OPtlC l 3. Two CD Cc ries J HIGH COUF T UBJ&SNJDATED:2711 712022 ,.1t\vTt-/:i1,iORDERt 1 tE[ [?m,]r':l)/WP.No.306 i6 of 2022i-.;-: , ,- t- ;.- 1r., ,'_ :----' -,;'-'WRIT PETI [-ION ]IS DISPOSED AS WITI-IDR,qWNWITHOUT [(:OSTS]00nu