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2025 Supreme(Online)(Tel) 69359

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE THE CHIEF JUSTICE APARESH KUMAR SINGH,THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN
Open Text Corporation India Private Limited ._ – Appellant
Versus
The Assistant Commissioner of Income Tax Circle - 5(1) – Respondent


THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN Writ Petition No.37108 of 2024

Order

:

Heard Mr. Vishal Kalra, learned counsel appearing for Mr. M.Naga Deepak, learned counsel for the petitioner and Mr. K.Sudhakar Reddy, learned Senior Standing Counsel for Income Tax Department appearing for the respondent.

2. The present challenge is to the consequential order dated 26.09.2024, passed by the respondent- Assistant Commissioner of Income Tax, Circle-5(1), Hyderabad (for short ‘the respondent-ACIT’), in respect of the assessment year 2005- 06 upon remand by the Income Tax Appellate Tribunal, Bench ‘A’, Hyderabad (for short ‘the ITAT’), in I.T.A.No.1451/Hyd/2010 dated 13.06.2014. Consequent to the relief allowed by the ITAT, the assessment order under Section 143(3) of the Income Tax Act, 1961 (for short ‘the Act’) dated 14.10.2008, was modified by treating the revised income of the petitioner as Rs.3,97,79,542/-, by deducting a sum of Rs.3,45,51,636/- towards the relief allowed by the ITAT of ::2::

Rs.7,43,31,178/-, as per rectification order dated 13.02.2012, under Section 154 r/w Section 143(3) of the Act. The respondent- ACIT has compute

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