M/S. Mpm Ventures Private Limited vs. Joint Commissioner Of Central Tax

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WP/2229/2025HC TelanganaGSTCNR HBHC01004231202509 April 2025Bench: SUJOY PAUL,RENUKA YARA5 pages
For Respondent: Ms. PRAVALIKA REPRESENTING FOR, SRI DOMINIC FERNANDES (senior standing counsel for CBIC)

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Cause title — parties, addresses and appearances
134461 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE SMT JUSTICE RENUKA YARA WR]T PETITION NO: 2229 0F 2025 Between: AND 1 M/s. MPM Ventures Private Limited, 8-3-323, yellareddyouda, Ameeroet. Hyderabad, .Telangana-_500 073. RepresenteO OV Mi'tinsf, Vrilp5ri, Managing Director, S/o Raj Kumar_Malpani, aged 4i years, residing at'Flii N9?1q1 and 2204, DSR Ttie First, cachibowti,-K.V.Rariga n'eOOV, idanga;; - 500032. ...PETITIONER Joint Commissioner of Central Tax, Hyderabad GST Commissionerate, GST Bhavan, L B Stadium Road, Basheer bagh, Hyderabad, TelangJni_-SijO OO+. Additional Commissioner of Customs and GST, Hvderabad Audit-l Commissionerale, H No. 3-4-fl 8/1-NR, 1st Floor,Elegant Maharaja, Ramanthapur, Hyderabad- 500 013. Commissioner ot' Customs, and Central Tax (Appeals-l), GST Bhavan, L.B. Stadium Road, Basheerbagh, Hyderabad - SbO lOOq. ljnion of lndia, Ministry of Finance Represented by its Secretary North Block, New Delhi - 110 0Ol ...RESPONDENTS Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue-a writ, order, or direction more pa(icularly one in the naturi of a Writ of Mandamus declaring i.That the impugned Order-ln-Original No. 166/2024-25 Adjn(ADC/JC)-HYD_GST dated 16-10-2024 passed by the Respondent No. 1 under the provisions of IGST/CGSTiTGST Act, 2017 as being void, arbitrary, illegat, without jurisdiction and without authority of law, apart from being violative of Articles 14, 19(1Xg) and 265 of the constitution of lndia, and to consequenfly set aside the same'anJ-pass such further as other orders. 2 3 4 Petition under Section 151 CPC praying that in the circumst.:rnces stated in the affidavit filed in suoport of the petition, the High court may be rleased to stay operation of impugned Order-ln-Original vide Ref. No 16612024 2s+\djn (ADC/JC)- HYD-GST dated 16- 10-2024 passed by the Respondent No. .1 lA NO: 1 OF 2025 Cciunsel for the Petitioner: Ms. RASHMI, REPRESENTING FOR SRt p. VENKAT PRASAD, ADVOCATE CounSel for the Respondent Nos.1 to 3: Ms. PRAVALIKA REPRESENTING FOR SRI DOMINIC FERNANDES (senior standing counsel for CBIC) Counsel for the Respondent No.4: SRI B. MUKHERJEE REPRESENTING FOR SRI GADI PRAVEEN KUMAR DY. SOLICITOR GENERAL OF INDIA

The Court made the following: ORDER

THE HON'BLE THE ACTING CHIEF'JUSTICE SUJOY PAUL AND TTIE HON'BLE SMT. JUSTICE RENUI(A YARA IVRIT PETITION No.2229 of 2o25, ORDER: (Per the Hon'ble the Acting Chief Justice Sujog paul) Ms.Rashmi, learned counsel appearing for Sri p.Venkat Prasad, learned counsel for the petitioner; Ms. pravalika, learned counsel representing Sri Dominic Fernaldes, learned Senior Standing Counsel for CBIC, appearing for respondent Nos. I to 3; and Sri B. Mukherjee, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy appearing for respondent No.

4.

Solicitor General of India, 2 Learned counsel for the petitioner seeks to withdraw this writ petition with the liberty to the petifioner to avail the appropnate remedy. J The other side has no objection.

4.

Accordingly, the writ petition is dismissed as withdrawn with the liberty prayed for. If an appeal is preferred by the petitioner within hfteen days from today, the appellate authority

2 shall decide the rappeal on merits and shall not dismiss the same on the ground of derlaY' No costs' Miscellarre.rtLs petitions pending, if any, shall stand l:1osed. A.SRINTVASA REDDY . ASSI1rANTREGISTRAR //// \\ $ecrtott oFFlcER To,

4.

Two CD CoPies KKS Ls (Y

1.

One CC to SRI P VENKAT PRASAD Advocate IOPUC]

2.

One CC to SR.l DOMINIC FERNANDES (senior standing counsel for CBIC) toPUCl 3.OneCCtoSriGadiPraveenKumar'DeputySolicitorGeneralcrflndiaIOPUC]

HIGH COURT DATED:0910412025 ORDER WP.No.2229 of 2025 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS >\ '{ \' 30 AFB 2S[ a t * .,& Sa,e G :)

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.