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Wp/100128/2018 Of Shri. Shankar v. The Assistant Commissioner Of Income Tax

High Court 13 Dec 2021 In favour of: Revenue
Forum / Bench
High Court · karhcdharwad
Parties
Wp/100128/2018 Of Shri. Shankar v. The Assistant Commissioner Of Income Tax
Date of order
13 Dec 2021
Assessment year(s)
2011-12, 2010-11, 2012-13, 2014-15, 2013-14
Outcome
Dismissed

Case summary

In Wp/100128/2018 Of Shri. Shankar v. The Assistant Commissioner Of Income Tax, the High Court (2021) dismissed the appeal. The decision went in favour of the Revenue.

Decision: Nos.36428-36433/2017. | 3.The said order of the learned Single Judge hasalso been confirmed in W.A.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

IN THE HIGH COURT OF KARNATAKADHARWAD BENCH DATED THIS THE 13 DAY OF DECEMBER 27071 BEFORE THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA #W.P. No.100129/2018 (TIT) C/w. W.P. No.100128/2018, W.P. No.100130/2018,W.P. No.100131/2018, W.P. No.100132/2018,W.P. No.100133/2018 & W.P. No.100134/2018 In W.P. No.100129/2018: Between Shri Snankar S/o. Hanumantappa Munavalll,Age 64 years, Occ: Agriculture, |R/o.: Shonha Nilaya’. Pilot No.13, 7[,-]Cross, ©Shastri Nagar, Belagavi. | .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And 1.The Assistant Commissioner of Income Tax, | Central Circle 2(1), Bengaluru-560 095. 2DThe Dy. Commissioner of Income Tax, Central Circle, Saraf Colony, Sharada —Building, Knanapur Road, Tilakwadi,Belagavi-590 OO6. |Building, Knanapur Road, Tilakwadi,Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) This writ petition is filed under Articles 226 & 22/7 of theConstitution of India praying to Direct respondent No.1, theAssistant Commissioner of Income Tax, Central Circle 2(1),Bengaluru to retransfer the assessment proceedings of thepetitioner relating to the Assessment year 2011-12 beforerespondent No.2, the Deputy Commissioner of Income Tax, CentralCircle, Belagavi at Belagavi as requested by the petitioner inAnnexure-E, dated 14.12.2017. . =)4 In W.P. No.100128/2018: Between Shri Shankar S/o. Hanumantappa Munavalli,Age 64 years, Occ: Agriculture, |R/o.: “Shonha Nilaya”. Plot No.13, 7[,-]Cross, ©Shastri Nagar, Belagavi. | .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And 1The Assistant Commissioner of Income Tax, | Central Circle 2(1), Bengaluru-560 095. 2DThe Dy. Commissioner of Income Tax,Central Circle, Saraf Colony, Sharada —Central Circle, Saraf Colony, Sharada — Building, Knanapur Road, Tilakwadi, Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) This writ petition is filed under Articles 226 & 22/7 of theConstitution of India praying to Direct respondent No.1, theAssistant Commissioner of Income Tax, Central Circle 2(1),Bengaluru to retransfer the assessment proceedings of thepetitioner relating to the Assessment year 2010-11 beforerespondent No.2, the Deputy Commissioner of Income Tax, CentralCircle, Belagavi at Belagavi as requested by the petitioner inAnnexure-E, dated 14.12.2017. In W.P. No.100130/2018: Between Shri Snankar S/o. Hanumantappa Munavalll,Age 64 years, Occ: Agriculture, |R/o.: Shonha Nilaya’. Pilot No.13, 7[,-]Cross, ©Shastri Nagar, Belagavi. | .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And 1.The Assistant Commissioner of Income Tax, | Central Circle 2(1), Bengaluru-560 095. 2DThe Dy. Commissioner of Income Tax, Central Circle, Saraf Colony, Sharada ©Building, Knanapur Road, Tilakwadi,Building, Knanapur Road, Tilakwadi, . a Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) This writ petition is filed under Articles 226 & 22/7 of theConstitution of India praying to Direct respondent No.1, theAssistant Commissioner of Income Tax, Central Circle 2(1),Bengaluru to retransfer the assessment proceedings of thepetitioner relating to the Assessment year 2012-13 beforerespondent No.2, the Deputy Commissioner of Income Tax, CentralCircle, Belagavi at Belagavi as requested by the petitioner inAnnexure-E, dated 14.12.2017. In W.P. No.100131/2018:BetweenShri Snankar S/o. Hanumantappa Munavalll,Age 64 years, Occ: Agriculture, |R/o.: —Shonna Nilaya™. Plot No.13, 7[,-]Cross, ©Shastri Nagar, Belagavi. | .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And 1.Tne Assistant Commissioner of Income Tax, |Central Circie 2(1), Bengaluru-560 095.Central Circie 2(1), Bengaluru-560 095. 2DThe Dy. Commissioner of Income Tax,Central Circle, Saraf Colony, Sharada —Central Circle, Saraf Colony, Sharada — Building, Knanapur Road, Tilakwadi, Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) In W.P. No.100131/2018:BetweenShri Snankar S/o. Hanumantappa Munavalll,Age 64 years, Occ: Agriculture, |R/o.: —Shonna Nilaya™. Plot No.13, 7[,-]Cross, ©Shastri Nagar, Belagavi. | .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And 1.Tne Assistant Commissioner of Income Tax, |Central Circie 2(1), Bengaluru-560 095.Central Circie 2(1), Bengaluru-560 095. 2DThe Dy. Commissioner of Income Tax,Central Circle, Saraf Colony, Sharada —Central Circle, Saraf Colony, Sharada — Building, Knanapur Road, Tilakwadi, Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) This writ petition is filed under Articles 226 & 22/7 of theConstitution of India praying to Direct respondent No.1, theAssistant Commissioner of Income Tax, Central Circle 2(1),Bengaluru to retransfer the assessment proceedings of thepetitioner relating to tne Assessment year 2014-15 beforerespondent No.2, the Deputy Commissioner of Income Tax, CentralCircle, Belagavi at Belagavi as requested by the petitioner inAnnexure-E, dated 14.12.2017. In W.P. No.100132/2018:Between Shri Snankar S/o. Hanumantappa Munavalll, . "4s Age 64 years, Occ: Agriculture, |R/o.: Shonha Nilaya’. Pilot No.13, 7[,-]Cross, ©Shastri Nagar, Belagavi. | .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And 1.The Assistant Commissioner of Income Tax, | Central Circle 2(1), Bengaluru-560 095. 2DThe Dy. Commissioner of Income Tax, Central Circle, Saraf Colony, Sharada © Building, Knanapur Road, Tilakwadi, Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) This writ petition is filed under Articles 226 & 22/7 of theConstitution of India praying to Direct respondent No.1, theAssistant Commissioner of Income Tax, Central Circle 2(1),Bengaluru to retransfer the assessment proceedings of thepetitioner relating to tne Assessment year 2013-14 beforerespondent No.2, the Deputy Commissioner of Income Tax, CentralCircle, Belagavi at Belagavi as requested by the petitioner inAnnexure-E, dated 14.12.2017. In W.P. No.100133/2018:Between Shri Snankar S/o. Hanumantappa Munavalll,Age 64 years, Occ: Agriculture, |R/o.: “Shonna Nilaya’. Plot No.13, 7[,-]Cross, ©Snastri Nagar, Belagavi. .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And 1The Assistant Commissioner of Income Tax, | Central Circie 2(1), Bengaluru-560 095. 2.The Dy. Commissioner of Income Tax,Central Circle, Saraf Colony, Sharada —Central Circle, Saraf Colony, Sharada — Building, Knanapur Road, Tilakwadi, Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) This writ petition is filed under Articles 226 & 22/7 of theConstitution of India praying to Direct respondent No.1, theAssistant Commissioner of Income Tax, Central Circle 2(1),Bengaluru to retransfer the assessment proceedings of thepetitioner relating to tne Assessment year 2015-16 beforerespondent No.2, the Deputy Commissioner of Income Tax, CentralCircle, Belagavi at Belagavi as requested by the petitioner inAnnexure-E, dated 14.12.2017. In W.P. No.100134/2018: Between Shri Snankar S/o. Hanumantappa Munavalll,Age 64 years, Occ: Agriculture, |R/o.: —Shonna Nilaya™. Plot No.13, 7[,-]Cross, ©Shastri Nagar, Belagavi. | .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And1.The Assistant Commissioner of Income Tax, |Central Circie 2(1), Bengaluru-560 095.2DThe Dy. Commissioner of Income Tax,Central Circle, Saraf Colony, Sharada —Building, Knanapur Road, Tilakwadi,Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) This writ petition is filed under Articles 226 & 22/7 of theConstitution of India praying to Direct respondent No.1, theAssistant Commissioner of Income Tax, Central Circle 2(1),Bengaluru to retransfer the assessment proceedings of thepetitioner relating to the Assessment year 2016-14 beforerespondent No.2, the Deputy Commissioner of Income Tax, CentralCircle, Belagavi at Belagavi as requested by the petitioner inAnnexure-E, dated 14.12.2017. .. Petitioner (By Shri Sangram S.Kulkarni, Advocate) And1.The Assistant Commissioner of Income Tax, |Central Circie 2(1), Bengaluru-560 095.2DThe Dy. Commissioner of Income Tax,Central Circle, Saraf Colony, Sharada —Building, Knanapur Road, Tilakwadi,Belagavi-590 OO6. | .. Respondents (By Shri Y.V. Raviraj, Advocate for Rl & R2) This writ petition is filed under Articles 226 & 22/7 of theConstitution of India praying to Direct respondent No.1, theAssistant Commissioner of Income Tax, Central Circle 2(1),Bengaluru to retransfer the assessment proceedings of thepetitioner relating to the Assessment year 2016-14 beforerespondent No.2, the Deputy Commissioner of Income Tax, CentralCircle, Belagavi at Belagavi as requested by the petitioner inAnnexure-E, dated 14.12.2017. These petitions coming on for preliminary Hearing B-Group,this day, the Court made the following: . ORDER 1.In these writ petitions, the order impugned is anorder by wnich the Department directed transfer of all cases|pertaining to the group of assessment to Bengaluru. .?.A similar direction was upheld by the learnedSingle Judge of this Court in W.P. Nos.36428-36433/2017. | 3.The said order of the learned Single Judge hasalso been confirmed in W.A. Nos.6800- 6804/2017 on 11[,-]April 2019. 4In view of the said order, both sides agree thatthese writ petitions have become infructuous. Tne writ petitions are dismissed as having become|infructuous. ~ Vnp*- Sd/--JUDGE|
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