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2025 DAILYLAW 9108 (AP)

PAVAN KUMAR GADIRAJU v. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)

WP/5503/2025 · 2025-07-17

Ninala Jayasurya, Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010100422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 5503/2025 Between: 1. PAVAN KUMAR GADIRAJU, 3-56/1(1), SINGARAJUPALEM, DIRUSUMARRU, EAST GODAVARI DISTRICT, BHIMAVARAM MANDAL - 534239, A.P. ...PETITIONER AND 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL, 5 TH FLOOR, PRATYAKSHAKAR BHAVAN, MVP DOUBLE ROAD, MVP COLONY, VISAKHAPATNAM-53 0017. 2. THE ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI. 3. THE COMMISSIONER OF INCOMETAX APPEALS, NATIONAL FACELESS APPEALS CENTRE, DELHI, C-BLOCK, 4TH FLOOR, SPM CIVIC CENTER, NEW DELHI-110001. 4. THE UNION OF INDIA, REP BY ITS PRINCIPAL SECRETARY MINISTRY OF FINANCE, INCOME-TAX DEPARTMENT, NEW DELHI- 110 001. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus by declaring the order passed by the respondent vide Document Identification Number (DIN) - ITBA/COM/F/17/2024-25/1071630782(1), dt.27.12.2024 as bad in law, and against CBDT guidelines and instructions and consequently quash the orders of and pass such other order or orders, as the Hon'ble Court may deem fit and proper in the circumstances of the case. In view of the exorbitant tax demand of Rs. 11,25,08,972/-, the Hon'ble court may be pleased to order early hearing of the appeal by National Faceless Assessment Centre, Delhi, as per the CBDT Letter No.F.No.279/Misc/M- 102/2021-ITJdt.7.3.2024. IA NO: 1 OF 2025 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 the recovery proceedings till the disposal of the petitioner’s appeal before NFAC, Delhi and pass such other order or orders as the Hon’ble Court may deem fit and proper in the interest of substantial justice as otherwise the Petitioner would be put to irreparable loss and injury. Counsel for the Petitioner: C SANJEEVA RAO Counsel for the Respondents: The Court made the following: Heard learned counsel for the petitioner, who appeared through online. 2. Mr. Vamsi Krishna Bodapati, learned Junior Standing Counsel, appeared on behalf of Mr. Anup Koushik Karavadi, learned Senior Standing Counsel for the Income Tax Department. 3. In view of the submissions made by the learned counsel for the petitioner as also the memo filed vide U.S.R No.67631 of 2025 dated 07.07.2025, this writ petition is dismissed as withdrawn. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date:18.07.2025 Ksj