Wp/11617/2025 Of Krishnarajapete Chandrashekara Shrikanth v. The Income Tax Officer

Digitally signedby AASEEFAPARVEENLocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21 DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR -WRIT PETITION NO. 11617 OF 2025 (TIT) BETWEEN: KRISHNARAJAPETE CHANDRASHEKARA SHRIKANTH SHRIKANTH AGED ABOUT 48 YEARS, PROP K.B.C.FUEL STATION, M.C. ROAD KRISHNARAJPET, KRISHNARAJPET, MANDYA DISTRICT - 571 426, KARNATAKA. PAN NO. MOB NO. EMAIL ID- …PETITIONER (BY SMT. PRATIBHA R., ADVOCATE) AND: 1 THE INCOME TAX OFFICER, INCOME-TAX DEPARTMENT, CAUVERY PARK ROAD, WARD-1 TPS, MANDYA - 571 426. INCOME-TAX DEPARTMENT, CAUVERY PARK ROAD, WARD-1 TPS, MANDYA - 571 426. 2 THE INCOME TAX OFFICER NATIONAL FACELESS ASSESSEMT CENTRE NORTH BLOCK DELHI-110 001. NATIONAL FACELESS ASSESSEMT CENTRE NORTH BLOCK DELHI-110 001. …RESPONDENTS (BY SRI. M. DILIP AND SRI. H. THIRUMALESH, ADVOCATES) - 2 - THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 25.03.2024 WHICH IS PRODUCED AT ANNEXURE-B AS BEING PERVERSE, ILLEGAL AND UNSUSTAINABLE IN LAW, THERE BY DIRECTING RESPONDENT NO.01 TO CANCEL THE ORDER PASSED U-S 148A (D) IN ITBA-AST-F-148A-2023-24-1063337499(1) DATED 25.03.2024 AY- 2020-21 (ANNEXURE-B) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: a) Issue a writ in the nature of certiorari, mandamus, prohibition or a direction in the nature of Writ of Certiorari quashing the impugned order dated 25.03.2024 which is produced at Annexure-B as being perverse, illegal and unsustainable in law, there by directing Respondent No.1 to cancel the order passed u/s 148A (d) in ITBA/AST/F/148A/2023-24/1063337499(1) dated 25.03.2024 AY-2020-21 (Annexure-B). b) Issue a writ in the nature of certiorari, mandamus, prohibition or a direction in the nature of Writ of Certiorari quashing the impugned order dated 21.03.2025 which is produced at Annexure-E as being perverse, illegal and unsustainable in law, there by directing Respondent No.1 to cancel the order passed u/s 147 r w a 144 r w s 144B of the Act in ITBA/AST/S/147/2024-25/1074850385 dated 21.03.2025 -AY-2020-21 (Annexure-E). c) Issue a writ in the nature of Prohibition/Mandamus or any other appropriate writ, order or direction staying the operation of the impugned orders passed by Respondent No.1 in ITBA/AST/S/147/2024-25/1074850385 dated 24.07.2024-Annexure-E and direct the Respondents to cancel the addition made in the hands of the Petitioner. d) Issue a writ in the nature of certiorari, mandamus, prohibition or any other appropriate writ, order or direction quashing the impugned demand issued by Respondent No.1 in ITBA/AST/S/147/2024-25/1074850385 dated 24.07.2024 - Annexure E. e) Issue any other writ, order or direction in favour of the Petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. f) Pass such other order, direction or writ as this Hon'ble Court deems fit, and g) Direct the Respondents to award the costs of this writ petition. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. d) Issue a writ in the nature of certiorari, mandamus, prohibition or any other appropriate writ, order or direction quashing the impugned demand issued by Respondent No.1 in ITBA/AST/S/147/2024-25/1074850385 dated 24.07.2024 - Annexure E. e) Issue any other writ, order or direction in favour of the Petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. f) Pass such other order, direction or writ as this Hon'ble Court deems fit, and g) Direct the Respondents to award the costs of this writ petition. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that notice issued by the respondents under Section 148A(b) of the Income Tax Act, 1961 (for short, ‘IT Act’), was not received by petitioner and he was not aware of the notice and consequently, petitioner could not submit its reply / response along with documents to the said notice. It is submitted that the inability and omission on the part of the petitioner to submit reply / response along with documents to the Section 148A(b) notice was due to bonafide reasons, unavoidable circumstances and sufficient cause and as such, if one more opportunity is provided to the petitioner to do so by setting aside the impugned orders and notices, the petitioner would do so and respondents may be directed to proceed further in accordance with law. 4. Per contra, learned counsel for the respondents submits that there is no merit in the petition and that the same is liable to be dismissed. 5. A perusal of the impugned order will indicate that it is an undisputed fact that petitioner has not submitted reply / response along with documents to Section 148A(b) notice. Under these circumstances, in view of the specific assertion on the part of the petitioner that his inability and omission to submit a reply along with documents to Section 148A(b) notice was due to bonafide reasons, unavoidable circumstances and sufficient cause and if one more opportunity is granted, petitioner would submit reply along with documents, I deem it just and appropriate to set aside the impugned order at Annexure – B dated 25.03.2024, passed under Section 148A(d) of the Income Tax Act, the notice at Annexure-C dated 25.03.2024 passed under Section 148 of the Income Tax Act, the order at Annexure-E dated 21.03.2025 passed under section 147 read with Section 144 read with Section 144B of the Income Tax Act and subsequent notice / orders, etc., and remit the matter back to respondent No.1 for reconsideration afresh from the stage of submitting of reply by the petitioner to Section 148A(b) notice and to proceed further in accordance with law. 6. In the result, pass the following: ORDER (i) The petition is hereby allowed. (ii) Impugned notices / orders at Annexures - B, C and E are hereby set aside. (iii) Matter is remitted back to respondent No.1 for reconsideration afresh in accordance with law from the stage of submitting of reply to the Notice under Section 148A(b) of the IT Act at Annexure – A dated 06.03.2024. (iv) Liberty is reserved in favour of the petitioner to submit additional pleadings, documents, etc., to the respondent, who shall consider the same and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 25