Wp/461/2024 Of M/S. Fusion Health Care Pvt Ltd v. Assistant Commissioner Of Income Tax

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Originat Jurisdiction) MONDAY, THE EIGHTH DAY OF JANUARYTWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO: 461 oF 2024 Between: M/s. Fusion Health Care Pvt Ltd, 8-2-269M13, 1st Floor. Sai Teia. RoadNo.2, Banjara Hills, Hyderabad, .Telangana Represented by its ManagingDirector Madhu Ramadugu, S/o. Sitaramb Rao, aged 45, Rtio. Hyderabad [-] ...PETITIONER AND 1. Assistant Commissioner of lncome Tax, Cenkal Wing, Central Cucle-2(2),IFggQqO [Aaykar Bhawan, Opposite LB Stadium, ][B-asheer ][Bagh, ][Hyd'eiabad]TG 500004IFggQqO [Aaykar Bhawan, Opposite LB Stadium, ][B-asheer ][Bagh, ][Hyd'eiabad]TG 500004 2. Central Board of Direct Taxes, Represented by its Chairperson, Departmentof Revenue, Ministry of Finance, Governmentbf lndia, NewDeihi - 110001Central Board of Direct Taxes, Represented by its Chairperson, Departmentof Revenue, Ministry of Finance, Governmentbf lndia, NewDeihi - 110001 3. lnterim Board of Seftlement, Represented by its secretary, (previously lncomeTax Settlement Commission) Chennai Bench 640-Anna Saiai SatguruComplex Chennai.-600035Tax Settlement Commission) Chennai Bench 640-Anna Saiai SatguruComplex Chennai.-600035 4. The lnterim Board for Settlement- ll, (Previouslv lncome Tax Settlementgommission) flgpre-senled by its Seiretary, th- Floor, Lok Nayak Bhavan,Khan Market, New Delhi 110003gommission) flgpre-senled by its Seiretary, th- Floor, Lok Nayak Bhavan,Khan Market, New Delhi 110003 5. U11gn of lndja, represented by its Secretary, Department of Revenue, Ministryof Finance, North Block, New Delhi -1 10001of Finance, North Block, New Delhi -1 10001 ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ, order or direction, more particularly, one in the nature ofwrit of mandamus declaring the order daled 14-12-2023 passed by thewrit of mandamus declaring the order daled 14-12-2023 passed by theRespondent No. 4 in Settlement Application No. AP/HD/2021-22l52llT as beingvoid, illegal, arbitrary,\ violative of Article 14 of the Constitution of lndia andvoid, illegal, arbitrary,\ violative of Article 14 of the Constitution of lndia and ,I tl tta, consequently set aside the same and direct the Respondent No. 4 to hear thecase of the Petitioner on merits. ANO:1 OF 2024ri Petition under seition 151 cPC praying that in the circumstances stated inIthe affidavit filed [in ]supribrt of the petition, the High court may be pleased to stayall further actions [in ][relation ]to the assessment years 2013-2014lo 2021-22. Counsel for the [Petitioner: ]M/S. R.S. ASSOCIATES counsel for the [Responaent ]no.r :Mlt'TuAMATA Counsel for the [Respondent ]No.2 to 5: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OFINDIA The Court made the following: ORDER THE HON'BLE SRI WSTICE P.SAM KOSHYAND THE HON'BLE SRI WSTICE N.TUKARAMJI WRIT PETITION No. 461 of 2024 ORDER:pe' ao n'ble Si Justice P.SAM KosHY) Learned counsel for the petitioner seeks permission tothis Court to withdraw the writ [petition.] 2. Permission is accorded. 3. The writ petition is, accordingly, dismissed [as]withdrawn. No costs. Pending miscellaneous [petitions, ]ifany, stand closed. SDI T. JAYASREEASSISTANT REGISTRARSECTION OFFICER //TRUE COPY// To,1One CC to M/s. R.S. Associates Advocates tOpUCl2Qne Q9 [to M/s, ] [Mamata, ][Advocate ]tOpUClJOne CC to Sri Gadi Praveen Kumar, D-eputy Solicitor General of lndia[OpUC]4Two CD Copies1One CC to M/s. R.S. Associates Advocates tOpUCl2Qne Q9 [to M/s, ] [Mamata, ][Advocate ]tOpUClJOne CC to Sri Gadi Praveen Kumar, D-eputy Solicitor General of lndia[OpUC]4Two CD CopiesTJGJPGJP ii ll HIGH COURT IDATED:08/01 I2024 Learned counsel for the petitioner seeks permission tothis Court to withdraw the writ [petition.] 2. Permission is accorded. 3. The writ petition is, accordingly, dismissed [as]withdrawn. No costs. Pending miscellaneous [petitions, ]ifany, stand closed. SDI T. JAYASREEASSISTANT REGISTRARSECTION OFFICER //TRUE COPY// To,1One CC to M/s. R.S. Associates Advocates tOpUCl2Qne Q9 [to M/s, ] [Mamata, ][Advocate ]tOpUClJOne CC to Sri Gadi Praveen Kumar, D-eputy Solicitor General of lndia[OpUC]4Two CD Copies1One CC to M/s. R.S. Associates Advocates tOpUCl2Qne Q9 [to M/s, ] [Mamata, ][Advocate ]tOpUClJOne CC to Sri Gadi Praveen Kumar, D-eputy Solicitor General of lndia[OpUC]4Two CD CopiesTJGJPGJP ii ll HIGH COURT IDATED:08/01 I2024 .:\.:.|,I()ORDER1'1I [tlts ][?it:i](,lt: ,!'WP.No.461 of2024* Di,32;;1'.: t tt.. ,r',-llIIrlI DISMISSING THE WRIT PETITION AS WTTHDRAWNWITHOUT COSTS. @ag*6sv Yr.