Wp/14042/2022 Of M/S Aadhar Housing Finance Limited v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8 DAY OF DECEMBER, 2022 BEFORE THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR -WRIT PETITION No.14042/2022 (TIT) BETWEEN: M/S AADHAR HOUSING FINANCE LIMITED PAN: (SUCCESSOR IN INTEREST FOR M/S AADHAR HOUSING FINANCE LIMITED PAN: ) COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS VICE PRESIDENT- OPERATIONS SRI BALAJI K.V. S/O SRI K.VARADARAJULU AGED ABOUT 44 YEARS 201, RAHEJA POINT, NEHRU ROAD, VOKOLA, SANTACRUZ EAST MUMBAI-400 055 PRESENTLY COMPANY REGISTERED OFFICE NO.3, JVT TOWERS, 8 MAIN ROAD SMAPANGIRAMANAGAR BANGALORE-560 027 … PETITIONER (BY SRI ANNAMALAI S., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1)(1), BMTC BUILDING 80 FEET ROAD, 6 BLOCK NEAR KHB GAMES VILLAGE KORAMANGALA BENGALURU-560 095 KARNATAKA 2. THE PRINCIPAL COMMISSIONER OF INCOME TAX BENGALURU-1 BMTC BUILDING, 80 FEET ROAD 6 BLOCK, NEAR KHB GAMES VILLAGE KORAMANGALA BENGALURU-560 095 KARNATAKA (BY SRI M.DILIP, ADVOCATE) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE ISSUED UNDER SECTION 148 A(b) OF THE INCOME TAX ACT 1961 DTD.26.3.2022 FOR THE ASSESSMENT YEAR 2018-19 BY THE R-1 BEARING DIN AND NOTICE ONO.ITBA/AST/F/148A(SCN) /2021-22/1041702930(1) HEREIN MARKED AS ANNEXURE-A1 AND ETC. THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. Learned counsel for the respondents has filed a memo dated 08.12.2022, which reads as under: “The respondent in the above writ petition respectfully submits that the reopening proceedings initiated for AY 2018-19 is dropped on 01.12.2022. The approval for dropping the proceedings was accorded on 14.09.2022 by PCIT.A copy if the communication dated 14.09.2022 is enclosed along with this memo. The respondent respectfully prays before this Hon’ble Court to kindly take this memo along with communication date 14.09.2022 on record and pass appropriate orders in the interest of justice and equity.” 2. In addition thereto, learned counsel for the respondents submits that the proceedings initiated pursuant to notice under Section 148A(b) of the Income Tax Act, 1961 vide Annexures-A1 dated 26.03.2022 and A3 dated 05.04.2022 have been dropped. 3. In view of the aforesaid memo as well as the submission of the learned counsel for the respondents, petition does not survive for consideration any longer and is accordingly disposed off. SD/- JUDGE PKS