The Commissioner of Income tAx - IV vs. Mahaveer Infoway Limited

t I [ 3411 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUJOY PAUL AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO:29629 OF 2024 Between: Krishna Bhima Samruddhi Local Area Bank Limited, A company having its reoistered office at. '1-98/8 to 11lFCl501 and 1-98/8 to11lFCl502,5th Floor Fo"r1une Chambers, Silicon Valley, Madhapur, Hyderabad, Rangareddi Teiangana 500081 Represented by its tt/anaging Director, Mr. Durga Prasad DonePudi ...PETrroNER AND '1. Union of lndia, Ministry of Finance, lncome Tax Department, New Delhi - 100 2 011 Office of the Tax Recovery Officer, TRO, PCff - 2' Hyderabad, Signature Towers, Sy. No. 6(P), Koridapur, Sy- No 37(!), Kothaguda' Opposite -^^ Botanicbl Gardens, Serilingainpally Mandal, Ragareddy, Hyderabad - 500 oS4 ...RE.P.NDENTS Petition under Article 226 of Ihe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or direction or order more particularly in the nature of a writ of certiorarified mandamus calling for the records and quashing the (i) lmpugned Letter dated 14.10.2024, bearing DIN and order No. ITBA/COI\iIIF/1712024- 2511069630068(1) passed by Respondent No.2 and (ii) Impugned Email dated 18.10.2024, issued by Respondent No. 2, as being illegal, arbitrary, barred in law, in excess of jurisdiction and in violation of principles of natural justice, and, consequently, restraining the Respondents from taking any steps or coercive action against the Petitioner or otherwise proceeding against the Petitioner on the basis of the aforementioned lmpugned Letter dated 14.'10.2024 and lmpugned Email dated 18.10.2024.

IANO:2O F 2024 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 to suspend arr further proceedings pursuant to (i) rmpugned Letter dated 14.10.2024, bearing DIN and order No; rrBArcoWtFrlTr2o24-2silo6g630068(i) passed by Respondent No. 2 and (ii) rmpugned Emair dated 18.1o.2024, issued by Respondent No.2, and restrain the Respondents from taking any coercive steps or otherwise proceeding against the petitioner in any manner, in the interest of justice. IANO:3OF2 024 Petition under section 15i cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to grant a stay of the operation of the (i) rmpugned Letter dated 14.10.2024, bearing DrN and order No: rrBA/coMrFt17r2o24-2st1069630068(1 r passed by Respondent No.2 and (ii) lmpugned Emair dated 1g.10.2024, issued by Respondent No.2, in the interest of justice. counsel for the petitioner: sRr M.V.swARoop FoR sRr MyrRr TNDUKURU Counset forthe RespondentNo.1: Snf CaOf pneViEN KUMAR,Dt. --"- counser ror the Respondent No.2: ,,":3.tiit-T&=JL"::li[,?f- sc FoR SRI P.MURALI KRISHNA, SENIOR SC FOR ITD The Court made the following: ORDER

a' THE HONOURABLE SRI JUSTICE SUJOY PAUL AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.2 9629 of 2o24 ORDER (per Hon'ble SP,J) Sri M.V. Swaroop, learned counsel for the petitioner appeared through video conferencing; Sri B' Mukherj ee, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, for respondeat No' 1 and Ms'B'Sapna Reddy,learnedJuniorStanding()ounseirepresentingSriP.Ivlurali Krishna, learned Senior Standing Counsel for Income Tax Department, for resPondent No.2. 2 With the consent frnallY heard. 3. Learned counsel for the petitioner petitioner received the impugned order/notice (annexure-P8). The petitioner, in turn' 17.1O.2O24. Thereafter, by communication \ (ahnexure-P1O), the petitioner was required to comply with the said impugned order/notice. Subsequently, the petitioner recei4ed I notice of hearing and said hearing is scheduled on 2B'|O'2O24' 4. karned counsel for- the petitioner submits that the averments of impugned order,/trotice dated 14'lO '2024 and submits that the dated 14. lO.2024 frled reply dated dated 18.1O.2024 N.'

.'fnr&r 2 1a.1O.2O24 may be treated to be tentative having no conclusive impact at present and the petitioner may be directed to raise all possible grounds. After hearing, the concernerl authority may take a decision, in accordance nith law. 5. Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Sri P. Murali Krishna, learnt:d Senior Standing Counsel for lncome Tax Department, for resprtndent No.2, has no objection. 6. Accordingly, this Writ Petition is disposed of by directing that the averments of annexure P,8 and p-1O s,ha-ll be treated to be tentative / provisional subject to hearing the petLtioner. After hearing the petitioner, the competent authority shall take a decision in accordance u,ith law. This Court has not expressed any opinion on the merits of the case. No costs. Interlocutorl, applications, if any pending, shall also stand closed To / SD/.A.V.S. PRASAD //TRUE coPY// AsslsrANTqflsrRAR SECTIOilgOFFICER Urion of lndia, Ministry of Finance, Income Tax Drepartment, New Delhi _ 100 ii'f":i]i!iffl.TFi"ri,,{ei{f,;Fyl!!,ir?{lr;#xt",li"lt;i.n#,," f,;ja n ica r Gardens, Seritingampily' rvijrori,,higl i;,jey, Hyderabad _ 500 Fn: iE ls 3fl 3lJli#^?,41ii,fli,f:si: !%1,,,3,r,o* GEN oF NDrA loPUCl ?ffi 33 t"":[!" yr..*Lr KRTsHNA, sENroR sc FoR rrD [opuc] (R' 1 2 5 b PSK 4 :-r=rirar- - - " ,:,- ..t. I I I .l

t t HIGH COURT DATED:2411012024 ORDER WP.No.29629 of 2024 .--..:;B)a Cb crw,. i,:. , .' ',.,\ .. 'j,, :: - .$ r 'l !,: \+- t0 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. v\ ,L