Wp/11624/2012 Of M/S Kammavari Credit Co Operative v. The Asst Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26 DAY OF JULY 2012 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH W.P.Nos.11624-625/2012 (T-IT) BETWEEN: M/S KAMMAVARI CREDIT CO-OPERATIVESOCIETY LIMITED10, 22 MAIN ROAD, JAYANAGARHBCS LAYOUT, PADMANABHANAGARBANGALORE-560 070REPRESENTED BY ITS PRESIDENTSRI T.BHADRACHALAMAGED ABOUT 59 YEARSSON OF SRI T.ANJANEYALU NAIDU … PETITIONER (BY SRI P.DINESH, ADVOCATE FOR SRI S.PARTHASARATHI, ADVOCATE) AND: 1.THE ASST. COMMISSIONER OF INCOME TAXCIRCLE 4(1), BANGALORE 2.THE COMMISSIONER OF INCOME TAXBANGALIORE-II, C.R.BUILDING1 FLOOR, QUEEN’S ROADBANGALORE-560 001 … RESPONDENTS (BY SRI M.V.SESHACHALA, SR. COUNSEL) WPs ARE FILED UNDER ARTICLES 226 OF THECONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OFTHE R2 DATED. 19.3.12 PASSED UNDER SECTION 264 OF THEACT FOR THE ASSESSMENT YEAR 2008-09 IN FILEF.NO.264/CIT-II/2011-12 VIDE ANNEX-K AND QUASH THEINTIMATION DATED 18.2.2009 UNDER SECTION 143(1) OF THEACT ISSUED BY THE R1 FOR THE ASSESSMENT YEAR 2007-08VIDE ANNEX-C AND ETC. WPs COMING ON FOR PRELIMINARY HEARING IN ‘B’GROUP THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R H.G.RAMESH, J. (Oral): These writ petitions are directed against the orderdated 19.03.2012, passed under Section 264 of theIncome Tax Act, 1961, by the Commissioner of IncomeTax, a copy of which is produced as Annexure-K. 2.Learned Counsel appearing for the petitionersubmits that the impugned order is unsustainable inlaw as the Commissioner has examined the matter onthe basis of the original return and she should haveexamined the matter on the basis of the revised return.Mr.M.V.Seshachala, learned Standing Counselappearing for the respondents submits that thepetitioner ought to have filed an application forcondonation of the delay in filing the revised returnand if the petitioner files an application forcondonation of the delay in filing the revised return, the Commissioner will reconsider the matter inaccordance with law. 3.In view of the above, I make the following order:The impugned order dated 19.03.2012 atAnnexure-K is set-aside. The petitioner shall file anapplication for condonation of the delay in filing therevised return. On such filing of the application, theCommissioner shall consider the matter in accordancewith law. Petitions disposed of. Sd/- JUDGE Yn/ata.