M/S Prajay Properties Private Limited vs The Deputy Commissioner / Assistant ...
2025 Latest Caselaw 980 Tel

Telangana High Court

M/S Prajay Properties Private Limited vs The Deputy Commissioner / Assistant ... on 9 January, 2025

Author: G.Radha Rani

Bench: G.Radha Rani

                           THE HONOURABLE SRI JUSTICE SUJOY PAUL

                                                 AND

                            THE HON'BLE Dr. JUSTICE G. RADHA RANI

                                WRIT PETITION No.816 of 2025

       ORDER (per Hon'ble SP,J)

Sri A.V.A. Siva Kartikeya, learned counsel for the petitioner

and Ms.B.Sapna Reddy, learned Junior Standing Counsel

representing Sri J.V.Prasad, learned Senior Standing Counsel for

Income Tax Department, for the respondents.

2. With the consent, finally heard.

3. During the course of hearing, learned counsel for the

parties reached to a consensus. It is agreed that:

I. The impugned order dated 13.12.2024 (Annexure-

P21) is founded upon the CBDT O.M. in

F.No.404/72/93-ITCC dated 31.07.2017. By placing

reliance on the judgment of Supreme Court Principal

Commissioner of Income Tax v. LG Electronics

India Pvt. Ltd. 1 and the judgments of this Court in

Mrs. Kallakuri Dhana Lakshmi Katyayani v.

Income-Tax Officer 2 and Sudarshan Reddy Kottur

(2018) 12 ITR-OL 334 (SC)

(2022) 444 ITR 315 (Telangana)

v. Income Tax Officer 3, it is agreed that said order,

which is passed without considering the said

judgments, may be set aside and respondent No.1

may be directed to rehear the parties and pass a

fresh order on stay application in accordance with

law. The said exercise be completed within a period

of 15 days from the date of production of copy of this

order. The petitioner shall appear before respondent

No.1 on 20.01.2025 for which no separate notice will

be required to be issued.

II. It is also agreed that the appeal of the petitioner is

pending before respondent No.5 and the said

authority may be directed to decide the said appeal

expeditiously, preferably within two months. It is

accordingly ordered.

III. The stay application of the petitioner is pending

before respondent No.4 and it is agreed that said

respondent may be directed to decide the stay

application, provided such application is pending,

expeditiously, preferably within two weeks. It is

ordered accordingly.

(2023) 458 ITR 750 (Telangana)

4. In view of consensus arrived at, the Writ Petition is

disposed of without expressing any opinion on the merits of the case.

Parties shall act in accordance with their stand taken hereinabove. No

costs.

Interlocutory applications, if any pending, shall also stand

closed.

________________ SUJOY PAUL, J

_______________________ Dr. G. RADHARANI, J

Date: 09.01.2025 Myk/Tsr

THE HONOURABLE SRI JUSTICE SUJOY PAUL

AND

THE HON'BLE Dr. JUSTICE G. RADHA RANI

(per Hon'ble SP,J)

Date: 09.01.2025

myk/tsr