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Order 5

CNR DLCT01008688202418 Jan 2025
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Order 5 · 18 Jan 2025 · CNR DLCT010086882024

Order Details: COPY OF ORDER
Pdf Text: Cr. Rev. No. 208-24 & Cr. Rev. No. 265-24
Ramesh Surapaneni Vs. Income Tax Office
18.01.2025
The undersigned is also looking after the work of Ld
First Link Court.
Present: Sh. P.S. Singhal and Ms. Chhavi Jain, Ld. counsels
for revisionist.
None for respondent.
Ld. Counsel for the revisionist submits that despite
service of notice, the respondent has not appeared. Ld. Counsel
presses for stay upon the trial court proceedings and submits that in
the present case, the entire TDS amount alongwith interest was
deposited by the alleged defaulting company, the revisionist is
allegedly Director thereof. Ld. Counsel submits that the prosecution
proceedings have been initiated only after the TDS amount alongwith
interest was deposited. In support, he relies upon rulings titled as Dev
Multi Co. Pvt. Ltd. & Anr. Vs. State of Jharkhand & Anr., 2022 SCC
OnLine Jhar 237; Asstt. Commissioner of Income Tax Vs. M/s AT
Dev Prabha (TV) & Ors. SLP (Crl.) Diary No. 3073/2023; M/s A.M.
Enterprises & Anr. Vs. State of Jharkhand & Anr. Dated 22.08.2023
in W.P (Crl.) No. 577/2022 & Criminal Writ Petition No. 3034/2022
titled as Hemant Mahipatray Shah & Anr. Vs. Anand Upadaya & Anr.
Decided on 12.08.2024 by the Hon’ble Bombay High Court.
In view of above submissions and the authorities relied
upon, the proceedings before the Ld. Trial Court are stayed till the
NDOH. Copy dasti.
TCR be sent back alongwith copy of this order and TCR
be requisitioned two days prior to the NDOH.
Re-notify on 26.03.2025.
(PRANJAL ANEJA)
Special Judge, NDPS-02,
Central,THC,Delhi/18.01.2025(kk)
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