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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR :PRESENT: THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE N.TUKARAMJI

IA No. 1 OF 2024 IN WP NO: 3194 OF 2024

Between:

M/s ACME Cleantech Solutions Pvt Ltd, Door. No. 6-2-966-5 and 5A, Hill Colony, Khairatabad, Hyderabad- Telangana 500 004 Rep by Deputy Manager Sri, Maraboina Mahesh Yadav S/o M. Anand Yadav.

...Petitioner (Petitioner in WP 3194 OF 2024 on the file of High Court)

AND

• 1. Deputy Commissioner (ST) STU-I, Office of the Joint Commissioner (ST) Begumpet Division, Hyderabad State of Telangana.
• 2. Assistant Commissioner (CT), Circle: BEGUMPET STU- I Division: Begumpet, Hyderabad.

...Respondents (Respondents in-do-)

Counsel for the Petitioner

:Sri Sujith Ghosh, representing Sri Aly Ahmed Basith

Counsel for the Respondents

:Sri Bhaskar Reddy, learned Additional Government Pleader for Commercial Taxes

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 suspend the Impugned Notice dated 31.10.2022 and Impugned Notice dated 19.01.2024 issued by Respondent no. 1 for the year 2016-17 and 2017-18 (upto June 2017) and grant stay of all further proceedings pursuant thereto, including recovery of the tax demanded along with interest and penalty, Pending disposal of WP No. 3194 of 2024, on the file of the High Court;

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following (The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:

This application is filed seeking to suspend the impugned Notice dated 31.10.2022 and impugned notice dated 19.01.2024, issued by respondent No.1 for the

year 2016-17 and 2017-18 (upto June, 2017) and grant stay of all further proceedings pursuant thereto.

Heard both sides.

Considering the fact that pursuant to Assessment Order No.71625 dated 04.11.2020, the petitioner has accepted One Time Settlement and has paid the entire admissible dues in terms of the settlement and the respondent authorities themselves vide Ex.P17 having accepted the receipt of the settlement amount, prima facie, a strong case for granting of interim relief has been made out.

Accordingly, there shall be an interim suspension to the impugned Notice dated 31.10.2022 and impugned notice dated 19.01.2024, issued by respondent No.1 for the year 2016-17 and 2017-18 (upto June, 2017) and there shall be stay of all further proceedings pursuant thereto, till the next date of hearing.

SD/- A.V.S.PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Deputy Commissioner (ST) STU-I, Office of the Joint Commissioner (ST) Begumpet Division, Hyderabad State of Telangana.
• 2. The Assistant Commissioner (CT), Circle: BEGUMPET STU- I Division: Begumpet, Hyderabad.
• (Addresses 1 and 2 By RPAD)
• 3. One CC to Sri Aly Ahmed Basith, Advocate [OPUC]
• 4. Two CCs to GP FOR COMMERCIAL TAXES, High Court at Hyderabad. [OUT]
• 5. Two Spare Copies

HIGH COURT

PSK, J & NTR, J

DATED:07/02/2024

ORDER

IA No. 1 OF 2024 IN WP NO: 3194 OF 2024

INTERIM SUSPENSION