M/s. MAYTAS-NCC(JV) v. The Assistant Commissioner of CT -III
Court: High Court for State of Telangana
Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-12-10. M/s. MAYTAS-NCC(JV) v. The Assistant Commissioner of CT -III. Read the judgment and case...
Judgment text
t 348e I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P. SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO: 17201 OF 202s Between: M/s. IvIAYTAS-NCC(JV), Door No. 8-2-120111O1117, Nandinagar, Road No. 14, Banjara Hills, Hydera bad-500033, Rep. by its Authorized Signatory Sri Hari Venkata Ramana ... PETITIONER AND 1 The Assistant Commissroner of CT -lll, Enf. Wing, O/o The commissioner of Commercial Taxes, Nampally, Hyderabad. 2. The Commercial Tax Officer, Jubilee Hills Circle, Punjagutta Division, Hyderabad. 3. The Commissioner of Commercial Taxes, Government of Telangana, Commercial Tax Building, Nampally, Hyderabad. 4 The State of Telangana, Rep. by its Secretary, (Revenue) CT Dept. , Secretariat Building, 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 a Writ of lr/andamus or any other writ order or direction declaring the action of the 1 respondent and 2nd respondent in not refunding excess ITC lying to the credit of the petitioner even after expiry of more than 9 years is illegal, arbilraty, high-handed and declare the petitioner is entitled for refund of Rs. 4,64,64,3401- along with applicable interest to be calculated till payment in terms of Section 2O(4) rcad with Section 38(6) and Section 38(1 )(b) of TVAT Act, 2005. IANO:1OF202s '151 Petition under Section CPC praying that in the cir )umstances stated in the affidavit filed in support of the petition, the High Cou.
may be pleased To direct the 1s[ respondent to forthwith initiate steps to procr,: s thr: clainr of refunC as per annual return filed for [he assessment year 2005-2C ] ;pending dlsposal of the Writ Petition. Counsel for the Petitioner : SRI V. SIDDHARTH REDDY Counsel forthe Respondents: SRI SWAROOP OORILLA, S C FOR STATE TAX The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE ()F TILANGANA AT YDERABAD THE HONOTIRABLE, SRI . IT]STICE P. SAM KOSHY AND TTIE, HONOT-iRABI,E SRI JTIS-TICE SUDDALA CHALAPAI'HI RAO WRIT PETITION No. 17201 OF 2025 Date:10. 12. 2025 Betwccn: M/S. MAYTAS-NCC(Jv) Banjara Hills, Hyderabad, Rep. bl, its authorized signatorl,. Sri Hari Venkata Ramana petitioner . ,\nd The Assistant Commissioner of CT-lll. Nampalll . Hyderabad and others. ... Respondents ORDER, (per Hon'ble Sri . Justice l'. hun Koshr) Heard Mr V. Siddharth Reddy, leamed counsel for the petitioner and Mr.
Swaroop Oorilla, leamed Special Govemment Pleader for State Tax, appearing for the respondents and perused \ the record 2. Having gone through the pleadings made in the writ petition and upon hearing the leamed Special Government Pleader, we find that the claim of refund rnade b1,the petitioner for the year 2005-06 and the present writ petition is one which filed after twentl,years in 202-5. i{crvever, there seems to be no representatic I made by the petitioner to the resoondent-authorities during this l eriod, at least. they are not enclosed along rvith the writ petition l. ln. ,'ierv of the same. qe are of the considererl rpinion that lel the petitioner first approach the concerncd - sporrdent. lespondent No. 2 in this case with an appi. t,1 riatc derailcd leprcsentation in respect of its clairlr. Let the saiC rrr ,reserntation be rnade rvithin a period of three weeks. Upon sr. Lcir replesentation being made, respondent No. 2 is expected to consiti, !
- rhe same on its own merits after verification of the request ivilhir an outer ]iixi[ of another eight weeks there from. 1. Accordingly, the Writ Petition stands disposc of-. No or. der as to costs Misceilaneous applications penciing, if arr shall stand closed. SD/,(. BHAVANI SWAMY SI ISTANT REGISTRAR //TRUE COPY// \SECTION OFFICER To, of CT -lll, Enf Wing' lc he commissioner of The Assistant Commissioner Commlrciat Taxes, Nampally, Hyderabad ' Officer, Jubilee Hills Circle' Punia lutta Division' 2. The Commercial Tax Hyderabad. Governmert lf Telangana' 3. The Commissioner of Commercial Taxes' " Buildlns, Nampallv' Hvderabad d;;;;i;aiax (Revenue) CT Dept Secretariat' Telar lana State 4. The Secretary, ' Hyderabad. Advocate [C t UC] 5. One CC to SRI V. SIDDHARTH REDDY' -';ffi$ffit 6. One CC to SRI SWAROOP OORILLA, SPL G P for State Tax [OPUC] 7. Two CD Copies. BSK BS W HIGH COURT t DATED:1011212025 \ 1 rrF- \)/ )' I /J ORDER Z lr 16 JA i\l \>, WP. No. 17201 of 2025 'ir. * i. \\ Qs.
51.. ,'-r. 1 '"i:--:- - DISPOSING OF THE WRIT PETITION WITHOUT COSTS q "4d fr. a*
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