M/S Manor Infraprojects Limited vs Union Of India
2024 Latest Caselaw 8775 Jhar

Jharkhand High Court

M/S Manor Infraprojects Limited vs Union Of India on 3 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
                              W.P. (Cr.) No. 653 of 2024
                                            ----

1. M/s Manor Infraprojects Limited

2. Arun Kumar Mishra

3. Rajeev Kumar .... Petitioners

-- Versus --

1. Union of India

2. The State of Jharkhand .... Respondents

----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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           For the Petitioners       :-     Mr. Sumeet Gadodia, Advocate
                                     :-     Mrs. Shilpi Sandil Gadodia, Advocate
                                     :-     Ms. Shruti Shekhar, Advocate
                                     :-     Mr. Prakhar Harit, Advocate
                                     :-     Mr. K. Hari, Advocate
           For the UOI               :-     Mr. Kumar Vaibhav, Sr. SC, I.T. Department
                                     :-     Mr. Anurag Vijay, Jr. SC I.T. Department
                                     :-     Mr. Durgesh Agarwal, Advocate
                                     :-     Mr. Om Prakash, Advocate
          For the State              :-     Mr. Amit Raj Kisku, AC to GA-V
                                            ----
03/03.09.2024            Learned counsel appearing for the petitioners submits that the

case of the petitioners is fully covered in light of the judgment of this Court in

Dev Multicom Pvt. Ltd. & Anr. Versus State of Jharkhand & Anr. and

its analogous cases, reported in 2022 SCC OnLine Jhar 537 . He submits

that the said order was challenged by the Income Tax Department up to the

Supreme Court and the order of this Court has been affirmed. He further

submits that based on the judgment of this Court Hon'ble Bombay High Court

as well as Hon'ble Orissa High Court has also quashed the proceeding. He

submits that the petitioners have already paid the tax with interest and the

complaint was filed later on. He submits that the other identical matters are

coming on 15th October, 2024.

2. Learned counsel appearing for the respondent Income Tax

Department shall take instruction and file counter affidavit within four weeks.

3. Let this matter appear on 15th October, 2024.

--1-- W.P. (Cr.) No. 653 of 2024

4. Till the next date, no coercive steps shall be taken against the

petitioners in connection with Economic Offence Case No.11 of 2021, pending

in the Court of learned Special Judge, Economic Offence, Ranchi.

5. In view of the above, I.A. No.8539 of 2024 filed for interim

protection is disposed of.

6. Let W.P. (Cr.) 653 of 2024 be tagged with W.P. (Cr.) No.639 of

2024.

                                   (Sanjay Kumar Dwivedi, J.)
Sangam/




                                  --2--                        W.P. (Cr.) No. 653 of 2024