M/s. Invecas Technologies Private Limited V. Deputy Commissioner of Income Tax

WP/2175/2025

AI Insights

The case involves lnvecas Technologies Private Limited, which filed a writ petition under Article 226 of the Constitution of India against the Deputy Commissioner of Income Tax and others, seeking the release of a bank account and a refund of Rs. 2,50,00,000 along with interest. The petitioner contested the stay rejection order and other related orders as illegal and without jurisdiction, requesting a stay of demand and non-proceeding with any recovery until all rectification and stay applications were adjudicated. During the hearing, a consensus was reached to set aside the impugned orders and direct the appellate authority to handle the matters expeditiously.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 758008 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 27-01-2025
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: J SUNITHA
• Assessee Lawyers: ANANYA KAPOOR
• Keywords: Bank Account; Bank attachment; Income Tax; Refund; Writ petition; Stay Rejection
• Section: 151 CPC

Judgement Text

"[ 3446 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IMONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE SMT JUSTICE RENUKA YARA WRIT PETITION NO: 2175 OF 2025 Between: AND It//s. lnvecas Technologies Private Limited, 'l2th Floor, AYDIV lT Park, Sy No. 319 and 337 Partly Fuppalaguda Village, Rangareddy Dist., Hyderg.b^a{; 500032 Rep. by its Suthorised iepresentative, Ramesh Babu Kollipara,5/0 K Pulla Rao, bgel about 43 years, R/o. Flat No. 4614, Kalpataru Residency, H No. 8-4-300/i/A, Sy. No. 78, Ashok Marg, Prem Nagar, Fatehnagar Village, Sanathanagar, Hyderabad, Telangana - 500018 ...PETITIONER 1 . Deputy Commissioner of lncome Tax, Circle ?(1 ), Room NO.514'5th Floor' Sionature Towers. Sv.No.6(P) of Kondapur, Sv.37(P) of Kothaguda Opp' Bo\"tanical Gardens,' Serlindampally (trtl, R.R.District, HYDERABAD' Telangana, 500084 2. Princi[al Commissioner of lncome tax - 2,6th Floor, A Block, IT. Towers, I ,4asab Tank, Hyderabad -500004 3. Branch Manag'er/Principal Officer, HDFC Bank, (HDFC0003817) Plot No' 265J1 Road No. 10 , Jubilee Hills, Hyderabad-500033 ...RES'ONDENTS 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, order or direction, more particularly issue a writ in the nature in of [/andamus declarlng and directing - i. The Respondents to release the Bank Account (HDFC0003B17) and refund Rs. 2,50,00,000/- along with upto date interest and/or also release any further sums illegally recovered by the Respondents. ii. Setting-aside the stay rejection order dated 21 .01 .2025 as the same illegal and without jurisdiction and directing the Respondents to re- ad.judicate the stay application in accordance with law and also adjudicate all pending rectifications pending adjudication qua the 3 AYs in question (AY 2020- 21, AY 2021-22 and AY 2022-23). iii. The Respondents to grant a stay of demand and not proceed with any recovery unless al rectification and stay applications are dr']ly adjudicated upon. iv. For such further and other reliefs, including costs of thls Petition, as this Hon'ble Court may deem fi: and proper in the nature and circumstances of the case v.Award the costs of this Writ Petition in favour of the Petitioner and against Respondents. lA NO: 1 OF 2025 Petition und,:r Section 151 CPC praying that in the circumstances stated in the affidavit filecl in support of the petition, the High Court may be pleased to direct the Respondents to grant/issue refund of Rs. 2,50't)0' 00 0l-andlor any such amount illegally rec;overed from the Bank Account in the interest of justice lA NO: 2 OF 2025 Petltion und er Section 151 CPC praying that in the circumstances stated in the affidavit filecl in support of the petition, the High Court may be pleased to direct the Respon,Jents to release the Bank Account whlch has been illegally attached in the interest of justice lA NO: 3 OF 2025 Petition under Sectton 151 CPC praying that in the circurrstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the order dated 21 .01 .2025 issued by the Respondent and stay the proceed rn,3s thereof Counsel for the Petitioner: Ms. ANANAYA KAPOOR REP SRl. T. PRADYOTH Counsel for the Respondent Nos. 'l&2: Ms. J. SUNITHA JUNIOR SC REP SRI P. MURALI KRISHNA SENIOR SC FOR INCOME TAX Counsel for the Respondent No.3: - The Court made the following: ORDER 7 THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT JUSTICE RENUKA YARA WRIT PETITION No.2175 OF 2025 ORDER: (Per the Hon'ble the Actiig Chief Justice Sujog PauI) Ms.Ananya Kapoor, learned counsel appears for Sri T.Pradyoth, learned counsel for the petitioners and Ms.J.Sunitha, learned Junior Standing Counsel for Income Tax representing Sri P.Murali Krishna, learned Senior Standing Counsel for Income Tax, for respondent Nos.1 and 2. 2. With the consent, frnally heard. 3. During the course of hearing, learned counsel for the parties reached to a consensus. It is agreed that since the stay rejection order dated 21.01.2025 (Annexure P.7) is not a reasoned one, it can be set aside and the stay application may be restored to the frle of the appellate authority. It is also agreed that the order dated 22.07.2025 (Annexure P.8) ald bank attachment notice dated 03.01.2025 (received by HDFC Bank on lO.Ol.2O25) (Annexure P. 1) may be set aside by reser,r'ing liberfy to the appellate authority to pass an appropriate order after deciding the , stay application. It is further agreed that the directions may be 2 issued to the appeilate authority to decide all rectification applications expeditiously. 4. In view of consensus arrived at, the impugned stay rejection order dated '.21.O1.2025, order dated 22.01.2025 and bank attachment notice dated 03.01.2025 (Annexures P.7.P.8 and P. 1) are set aside with the liberty prayed for by the Revenue. The appellate authority shall make an endeavour to decide all rectifi cation applications expeditiously. 5.. Accordingly, the Writ Petition is disposed of, without expressing any' opinion on the merits of the case. No order as to costs. Miscellaneous petitions pending, if any, shall stan