M/s. KLSR Infratech Limited V. The Principal Commissioner of Income Tax(Central)

WP/30656/2022

AI Insights

The case involved M/s. KLSR Infratech Limited, which filed a writ petition against the Income Tax Department and Kotak Mahindra Bank, challenging an order of attachment issued by the Assistant Commissioner of Income Tax. The attachment was contested as it was issued while the arguments were concluded before the Commissioner of Appeal, awaiting orders. The petitioner sought a writ of Mandamus to declare the attachment order illegal and arbitrary. However, before the court could make a substantive ruling, the petitioner opted to withdraw the petition, influenced by the respondents' willingness to resolve the matter by allowing the attachment to be withdrawn upon the payment of outstanding dues in installments.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 753258 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 27-07-2022
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India, Section 151 CPC, Section 226(3) of the Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: B SARMA
• Assessee Lawyers: K V PRASAD
• Keywords: Income Tax; Order of Attachment; Withdrawal of Petition; Writ of Mandamus
• Section: 226(3)

Judgement Text

"| 3276 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN Ad0 THE 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. 2. The Deputy Commissioner of lncome Tax, Central Wing, Central Circle-l(2), 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. 4. The Kotak Mahindra Bank, 8212017611/8, Ground Floor, Ashoka Hitech Chambers, Road.No.2, Banjara Hills, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or orders or direction or writ more particularly one in the nature of writ of Mandamus, declaring the action of the 3'd respondent issuing the impugned order of attachment vide DIN and Notice No.ITBAJRCV/S 1226(3)- 112022-23/1043906697(1), dated. 18.07.2022 when the arguments are concluded before the Commissioner of Appeal and orders ale awaited without assigning any reasons as illegal, arbitrary, malafide, intentional, mechanical and consequently set-aside the same as illegal in the interests of justice; I lA NO: 1 OF 2022 Petition un er Section '151 CPC praying that in the cir:umstances stated in the affidavit filed r support of the petition, the High Court m:ry be pleased to stay the impugned rrder of attachment vide DIN and Notice No.lTBfuRC Vtsl226(3)_1l2O2 l-2311043906697(1), dated. 18.07 2022 issue,d by the 3'd respondent, 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 l I THE TION'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE.HONOURABLE MRS JUSTICE SUREPALLI NANDA ORDER: (Per the Hon'ble the Chief Justice Ujjal Bhuyan) Heard Mr. K.V.Bhanu Prasad, learned counsel for the petitioner and Mr. B.Narasimha Sarma, learned Standing counsel for Income Tax Department for respondent Nos. 1. 2 &3. the order of attachment dated 18.07.2022 under Section 226(31 of the Income Tax Act, 196 1. 3. Learned counsel for the petitioner submits that after filing of the w-rit petition, there has been some development. Respondents are contemplating to withdraw the attachment on payment of outstanding dues by installments. WRIT PETITION No.30656 of 2022 2. ln this writ petition, chalienge has been made to H(J & SNJ W. P.,^'lct..) Ct 65 ( oJ 2 02 2 4 . In view ol above, iearned cou n,. e I f rr the petitioner sul mits on instructions that petitiorrer rhay be permitted to r ithdraw the writ petition. 5. Wr it Petition is accordingly dispc s<:d of on withdrawal. i owever, there shall be no ordr:r as to costs. 6. Mi ;cellaneous applications pending, il zury, 111 this Writ Petit on shall stand closed. 2 Jd/. B SATY.{ 'ATHI I] t.]I'UIY REGISTR, R a/ SEC'IION OFFICER To, //TRUE COP}7/ 1. One CC to ]Rl. K V BHANU PRASAD Advocate IOPUCI 2. One CC to iRl. B NARASIMHA SARtvlA Advocate [OPtlC l 3. Two CD Cc ries J I I I HIGH COUF T UBJ & SNJ DATED:2711 712022 ORDER 1t /: t- T v t 1 tE[ ?m, i1,i r':l WP.No.306 i6 of 2022 WRIT PETI -ION IS DISPOSED AS WITI-IDR,qWN WITHOUT (:OSTS 0n u )/ i-.;-: , ,- t- ;.- 1r., ,' _ :----' -,;'-' ,. 0 "