Telangana High Court

WP/10014/2007 of M/S.VEERAMANI BISCUIT IND.LTD., R.R.DISTRICT Vs THE ASST.COMMISSIONER (CT)LTU, HYDERABAD AND 2 OTHERS on 29 December 2022

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE T\ A /ENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR AND THE HONOURABLE SRI JUSTICE PULLA KARTHIK Between: M/s.Veeramani Biscuit lndustries

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

THURSDAY, THE T\A/ENTY NINTH [DAY OF DECEMBER]TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE T.VINOD KUMARAND

THE HONOURABLE SRI JUSTICE PULLA [KARTHIK]

WRIT PETITION NO:10014 [OF 2007]

Between:

M/s.Veeramani Biscuit lndustries Ltd., [Kammagudem Village, ][Turkayamjal, ][Ranga]Reddy District represented by its [Executive Director ][Mr. ][P.Julius Esooran Rajiah.]

..,PETITIONER

AND

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1. The Asst. Commissioner [(CT) LTU, Charminar Division, Hyderabad.]

2. Commissioner of Commercial [Taxes, Government ][of ][Andhra ][Pradesh,]Hyderabad.Hyderabad.

3. The Commissioner [of ]lndustries, [Government of Andhra, Pradesh']Hyderabad.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 an appropriate writ, or order or [direction more particularly ][in ][the]nature of writ of mandamus declaring [the ][action ][of the ][1st respondent ][in ][passing]the impugned assessment [order ][dt.26-3-07 relying ][on ][the ][revised ][eligibility]certificate issued by the [3rd ][respondent ][in ][file ][No.10121117311173/1 ][D ][dt ][18-6-]2004 while canceling the revised eligibility [certificate ][issued to ][the ][petitioner ][dt.4-]9-2002 wherein [prospective effect was given to ][the ][base production which was]fixed basing on the monetary value [and ][enhancing ][the ][base ][turnover ][from]11'12.26 lakhs to 141O.7a lakhs [with ][retrospective effect ][as ][illegal, arbitrary, ][high]handed, without authority of [law ][and ][in ][violation ][of the ][orders ][of the ][Hon'ble]Court passed in WPMP No.23749l06 [in ][W. ][P. ][No.'18887/06 ][dt.15-9-06 and ][set]aside ihe same and declare that [the ][petitioner ][is ][entitled ][for ][availment ][of ][the]incentives basing on the monitory [value ][w.e.f. ][22-11-1998 on ][the ][base ][turnover]of Rs.1112.26 lakhs and also [declare ][that ][the ][petitioneis ][base turnover ][cannot]be fixed at Rs 1410.78 lakhs [taking ][into ][account ][the ][best ][year ][production after]expansion and also declare [that ][the ][enhanced base ][value cannot ][be ][given]retrospective effect.

I.A.N o:1

oF 2007 [(W]PMP. NO: 12705 0F 2007

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavlt filed in support of the petition, the High Court may be pteased togrant stay of all further proceedings pursuant to the impugned final assessmentorders of the 1st respondent dt.26-3-07 for the assessment year 2003-04 andrestrain the 1st respondent from taking any coercive steps for recovery of thedisputed demands pending disposal of the writ petition.

Counsel for the Petitioner : SRI.BHASKAR REDDY VEMTRE:DDY

Counsel for the Respondent Nos.1 & 2 : GP FOR COMMERCTAL TAXES

Counsel for the Respondent No.3 : GP FOR INDUSTRIES AND COMMERCEThe Court made the following ORDER

l

\

THE HON'BLE SRI JUSTICE T. VINOD KUMARANDTHE HON'BLE SRI JUSTICE PULLA KARTHIK

WP. No. 1OO l4 of 2OO7

ORDER: (per the Hon'ble Si Justtce T.Vinod Kumar)

Learned counsel for the petitioner seeks permission of theCourt to withdraw this Writ petition, since the petitioner has availedthe One Time Settlement Scheme introduced by the State ofTelangala for settlement of disputes.Court to withdraw this Writ petition, since the petitioner has availedthe One Time Settlement Scheme introduced by the State ofTelangala for settlement of disputes.

2. In view of the above said submission, the Writ petition isdismissed as withdrawn. No order as to costs.

3Consequently, miscellaneous petitions pending, if any, shallstand closed in thc light of this final order.stand closed in thc light of this final order.

\SD/.N.SRIHARIASSlsrANr [qEglsrRAR]L'tr-SECTION OFFICER

//rRUE coPY//

To1Two CCs to GP [FOR INDUSTRIES ][AND ][COIVIMERCE' ][High ][Courtfor ][the]State of Telangana [at ][Hyderabad. [OUT]]2i;; C; t" o"Cion [c6vnlrRctRl ][rAx, ][Hish ][court ][for ][the state ][of]Telanoana at [Hvderabad. ][OUT]o;;'bt i; snr ['ettn-sKAC nEDDY ][vEMIREDDY ][Advocate ][IoPUC]]4Two CD Copies(One spare [coPY]s.AI}S

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HIGH COURT

DATED:2911212022

ORDERWP.No.10014 of [2007]iviE [Sdar]23 JAt,|,,/+-\TY:,'-rl'

DISMISSING THE [W.P]AS WITHDRAWN [WITHOUT COSTS.]

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