Wp/105644/2022 Of Jamakhandi Minority Urban Co-Op Credit Society Ltd v. Income Tax Officer

Digitally signed byTHEJASKUMAR NLocation: HIGHCOURT OFKARNATAKA WP No. 105644 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27 DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI -WRIT PETITION NO. 105644 OF 2022 (TIT) BETWEEN: JAMAKHANDI MINORITY URBAN CO-OP CREDIT SOCIETY LTD., NEAR DESAI CIRCLE, TQ: JAMKHANDI, DIST: BAGALKOT, JAMKHANDI-587 301, KARNATAKA REPRESENTED BY GENERAL MANAGER, SHRI. AYUB.H.WALIKAR. …PETITIONER (BY SRI. ASHOK.A.KULKARNI AND SRI. H.R. KAMBIYAVAR., ADVOCATES) AND: 1. INCOME TAX OFFICER, WARD-1 AND TPS, AAYAKAR BHAVAN, SECTOR NO.24, NAVANAGAR, BAGALKOT-587 102, KARNATAKA. 2. COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, CENTRAL BOARD OF DIRECT TAXES, NORTH BLOCK, NEW DELHI-110 001. …RESPONDENTS (BY SRI. M. THIRUMALESH AND MISS. ROOPA ANAVEKAR., ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 2 - THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Ashok A.Kulkarni., counsel for the petitioner and Ms.Roopa Anavekar., counsel for the respondents have appeared in person. Sri.M.Thirumalesh., counsel for the respondents ha appeared through video conferencing. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 22.11.2022 passed by the first respondent under Section 220(6) of the Income Tax Act, 1961 in DIN & Letter No: ITBA/RCV/F/107/2022-23/1047566449(1) vide Annexure-G. 3. Counsel for the petitioner in presenting his arguments submits that the order passed by the first respondent is opposed to the principles of natural justice. He argued by saying that the petitioner had been deprived of a personal hearing. Hence, he submits that the petitioner may be given an opportunity for a personal hearing. Counsel, therefore, submits that the Writ Petition may be allowed. - 3 - By way of reply, counsel Sri.M.Thirumalesh., submits that sufficient opportunity was given to the petitioner before passing the order. Hence, he justified the action of the department. He strongly objected to a remand. Counsel submits that the Writ Petition is devoid of merits and the same may be dismissed. 4. Heard the arguments and perused the Writ papers with care. 5. A perusal of the Writ papers reveals that an assessment order was passed on 22.09.2022. The petitioner assailed the assessment order before the National Faceless Appeal Centre (NFAC), Delhi and the same is pending adjudication. The petitioner applied to the first respondent seeking a stay of collection of tax demanded till the disposal of the appeal. The first respondent vide order dated 22.11.2022, directed the petitioner to pay 20% of the disputed amount. The petitioner contends that it has been deprived of personal hearing. Hence, this Court considers it proper to offer an opportunity for a personal hearing to the petitioner. Therefore, the matter requires a remand. The order dated 22.11.2022 is liable to be set aside, so it is set aside. 6. The Writ of Certiorari is ordered. The order dated 22.11.2022 passed by the first respondent under Section 220(6) of the Income Tax Act, 1961 in DIN & Letter No: ITBA/RCV/F/107/2022-23/1047566449(1) vide Annexure-G is quashed. The matter is remanded to the first respondent. The respondent must provide an opportunity of a personal hearing to the petitioner and thereafter, pass orders as per the law. It is made clear that the petitioner should avail the opportunity of a personal hearing, failing which, the first respondent is directed to go ahead in the matter as per the law. Since the petitioner is represented by its counsel, the petitioner is directed to appear before the first respondent on 21.10.2024 without awaiting further notice. 7. Resultantly, the Writ Petition is allowed and remanded. TKN LIST NO.: 1 SL NO.: 55 Sd/- (JYOTI MULIMANI) JUDGE