Gunuganti Mines and Minerals Pvt. Ltd. V. Principal Commissioner

WP/42252/2022

AI Insights

Gunuganti lvlines and Minerals Pvt. Ltd. filed a writ petition challenging the intimation issued by the Principal Commissioner of Income-Tax-ll, Hyderabad, regarding the rejection of their application under Section 264 of the Income Tax Act for the assessment year 2018-19. The petitioner sought to set aside the order and requested a recomputation of the total income by deleting the excess income assessed due to an inadvertent error. The court considered the legal validity of the intimation and the rejection of the application under Section 264, and found that the intimation could be construed as an appealable order under Section 246A(1) of the Act.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 726538 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 21-02-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K CHOUDARY
• Assessee Lawyers: Y RATNAKAR
• Keywords: Assessment year 2018-19; Condonation of delay; Income Tax; Intimation; Mandamus; Revision of Intimation
• Section: 264; 143(1)(a); 151 CPC; 246A(1)

Judgement Text

"AND 1 2 [ 3311 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO: 42252 OF 2022 Between: Gunuganti lvlines and Minerals Pvt. Ltd., 3-6-517, Flat No.302, Saidutta Arcade, Street No.6, Himayatnagar, Hyderabad 500 029. Represented by its Director Gunaganti Ravinder Rao. ...PETITIONER Principal Commissioner of lncome-Tax-ll, Hyderabad. Asst. Director of lncome Tax, Cenkalised Processing Centre (CPC), Bangalore. lncome-Tax Officer, Ward-2 (1), Hyderabad. ...RESPONDENTS l.A.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 to stay all further proceedings and to direct the Respondents not to enforce against the petitioner the demand of Rs.1,35,83,4301 determined payable as per lntimation u/s.143(1) (a) dated 211212020 for assessment year 2018-19 bearing PAN AAFCG5824N. Counsel for the Petitioner : SRI.Y.RATNAKAR Counsel for the Respondents : MS.K.MAMATA GHOUDARY The Court made the following ORDER 3 / I Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ in the nature of mandamus or any other writ, or order setting aside the order passed by the Respondent No.1 under section 264 dated 301912021 for the assessment year 2018-19 in the case of the petitioner bearing PAN AAFCG5B24N, and be pleased to direct the Respondent No.1 to consider the application made by the petitioner company uls.264 of the l.T.Act for asst. year 2018-'l 9 for revision of lntimation u/s. 143(1)( ) dated 211212020 for recomputing the total income by deleting the excess income assessed owing to the inadvertent error on the part of the petitioner. I i I I THE HON'BLE THE CI IIEF II]STICE UIIAI BHUYAN AND THE HON'BLE SRI I TICEN TI IKA RANI I I V,t.P.No.42252 of 2022 ORDER, (Pcr thc Hor'b1,. the.Chief Juict Ujial Bhryar) Heard Mr. Y.Ratnakar, lcarncd counsel lor the pctitioner and Ms. I(.Mamata Choudary, learncd Scnior Standing (.ounsel, Income'Iax Deprrrtment lor the rcspondcnts. 2. By Friing this petition under Article 226 of thc: Constitution of India, petitioner has assailc,-l legalin' and r,aliditl oF thc indmation dated 30.09.2021 issuecl by rcspondent No. 1 inf