Nilay Discretionary Trust, V. The Additional Commissioner of Income Tax

ITTA/122/2024

AI Insights

The case involves three appeals filed by Gland Celsus Bio Chemicals Pvt. Ltd., Empower Discretionary Trust, and Nilay Discretionary Trust against orders passed by the Board for Advance Rulings (BAR) in New Delhi and Mumbai for the Assessment Year 2021-22. The appeals were heard by the High Court of Telangana, which decided to dismiss the appeals as withdrawn, allowing the appellants the option to pursue other legal avenues. The primary legal framework involved was Section 245W of the Income Tax Act, 1961, and Section 151 of the Civil Procedure Code (CPC).

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 746501 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 25-03-2025
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P KRISHNA; VIJHAY PUNNA
• Assessee Lawyers: MANARA ANANTHAN
• Keywords: Appeal Withdrawal; Assessment year 2021-22; Income Tax; Board for Advance Rulings
• Section: 151 CPC; 245W

Judgement Text

"134471 tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL Nos. 121 51 and 122 OF 2024 INCOME TAX TRIBUNAL APPEAL NO: 121 OF 2024 lncome Tax Tribunal Appeal Under Section 245 W of the lncome Tax Act,1961 against the Order dated 22-03-2024 passed in AABCE7607B/2O21|OO14lO4O3 for the Assessment Year 2021-22 on the file of the Board for Advance Rulings('BAR')- l, New Delhi. Between: Gland Celsus Bio Chemicals Pvt. Ltd., (Formerly known as Esteem Modules Pvt. Ltd. ) Flat No. 301, Greenland Apartments, Ameerpet, Hyderabad- 500016 Represented herein by its ...Appellant AND 1 . The Additional Commissioner of lncome- tax, Circle- 2(1 ) lT Towers, Hyderabad - 500004. ...Respondent No.1 2. The Principal Commissioner of lncome- tax- 2, Signature Towers, Opposite Botanical Gardens, Kondapur, Hyderabad, Telangana - 560 084. ...Respondent No.2 lA NO: 2 OF 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 allow the application and stay the initiation of the assessment proceedings for the assessment year 2021- 22, in respect of the issue which was subject matter of the application filed by the appellant before the BAR - l, New Delhi which came to be rejected by the BAR vide its order dated 22.O3.2024 in AABCE7607B/20211OO141O4O3 during the pendency of the present appeal in the interest of justice. Counsel for the Appellant : Ms. Manara Ananthan representing Ms. K Srilatha Counsel for the Respondents: Sri P Murali Krishna INCOME TAX TRIBUNAL APPEAL NO: 51 OF 2024 lncome Tax 'Iribunal Appeal Under Section -245 V/ of the lncome Tax Act,1961 against the Order dated 22lo3l2'024 passed, in 444fE7207P120211001510404 for the Assessment Yeat 202'1-22 on the file of the Board for Advance Rulings('BAR')- l, New Delhi. Between: Empower Discretronary Trust, 6-3-865111A, Flat No. 305, My Home Gardenia Apartmenls, Greenlands, Ameerpet, Hyderabad-S00 016. Repiesented herein by its Authorized Representative Devarakonda Gopi. AND 1 ...Appellant The Additional Commissioner of lncometax, Range-6, lT Towers, l-lyderabad - 500004. ...Respondent No.1 The Principal Oommjssioner of lncome Tax 1, Signature, -fowers, Opposite Botanical Gardens Kondapur, Hyderabad, Telangana - 560084 :2oF 2024 \"'Res,ondent No'2 2 IAN Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court ma/ be pleased to stay the assessment proceedings for the assessment year 2021-22, during the pendency of the present appeal. Counsel for the Appellant : Ms. Manara Ananthan representing Ms. K Srilatha Counsel for the Respondents: Sri Vijhay K Punna (SENIOR tiC FOR ITD) lncome Tax Tribunal Appeal Under Section 245 W of the lncome Tax ,qct,1961 against the Order dated OTtO3t2O24 passed in AAcrN4258M12021loo1710402 for the Assessment year 2021-22 on the fite of the Board for AdVance Rulings('BAR')- lll, Mumbai. Between: 1. Nilay. Discretiorrary Trust, 6-3-865l1lA, Ftal No.305, My Home Gardenia Apartments, Greenlands, . Ameerpet, Hyderabad-SO0 () j6 Rep. by its Authorized Representative ItIr. Devdrakondi Gopi. 2. The Additional Commissioner of lncome tax, Range 6 lT Towers, Hyderabad INCOME TAX TRIBUNAL APPEAL NO: 122 OF 2024 ...Appellant 2 The Additional Commissioner of lncome Tax, Range-6, lT Towers, Hyderabad-500 004. ...Respondent No.1 The Principal Commissioner of lncome Tax-1 , Sionature Towers. Oooosite Botanical Gardens, Kondapur, Hyderabad, Telag-nana-560 OB4. \" ' ...Respondent No.2 AND 1 lA NO: 2 OF 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 stay the initiation of the assessment proceedings for the assessment year 2021-22 in respect of the issues which was subject matter of the application filed by the Appellant before the BAR during the pendency of the present appeal. Counsel for the Appellant : Ms. Manara Ananthan representing Ms. K Srilatha Counsel forthe Respondents: Sri P Murali Krishna The Court delivered the foltowing: Common Judgment THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICENARSING RAO NANDIKONDA I.T.T.A.Nos. 121 51 & 122 0F 2024 COMMON JUD.QILE_NI: @er Hon'bte sri rustice p.sr.m Kosha) Today, wiren the matter is taken up for hearing, Ms.Manara Ananthan, learned counsel representing Ms..K. Srilatha, learned counsel for the appellant entered appea-rarce and prays for withdrawal of these appeals u'ith a riberty to ava other apprrlrriate legal recourse available so far as the grievance of the appeilant isi concerned. 2. As prayed for, these appeals stands dismissr:cl as withdrawn with a liberty as sought for. As a sequ el, miscellaneous applications p:.rding if any, shall stand closed. Sd/. K. SRINIVASA RAO //TRUE COPY// frNr REGTSTRAR becrroru oFFrcER To, ADK 1. The Board for Advance Rulings('BAR')- I, New Delhi 2. The Board for Advance Rulings('BAR')- lll, Mumbai 3. One CC to Ms.K Srilatha, Advocate [OPUC] 4. One CC to Sri P tvlurali Krishna, Advocate [OPUC] 5. One CC to Sri Vijhay K Punna (SENIOR SC FOR ITD) TOPUCI 6. Two CD Copies 5 I HIGH COURT DATED:2510312025 COMMON JUDGMENT lTTA.Nos.121, 51 and 122 of 2024 t, !.; l, -' t. . li ,.a--'-- / 1H.F : '.,: ,6 ox 17APnM ! '.'+ r' o o Tc HEo ,l4 I DISMISSING THE APPEALS AS WITHDRAWN @at;o Ww "