Wp/14176/2024 Of Sri. Poonaram Choudhary v. The Income Tax Officer

Digitallysigned byREKHA R Location:High Courtof Karnataka IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9 DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR -WRIT PETITION NO.14176 OF 2024 (TIT) BETWEEN: SRI. POONARAM CHOUDHARY AGED ABOUT 61 YEARS, NO.32, 5 CROSS, MYSORE ROAD, BYATARAYANAPURA, BANGALORE SOUTH, BANGALORE – 560 026 PREVIOUSLY ATPOONARAM CHOUDHARY PADAMA SHREE TEXTILES, OPP. AMCO FACTORY, MYSORE ROAD, BYATARAYANAPURA BANGALORE – 560 026 …PETITIONER (BY SRI. RAVI SHANKAR S.V., ADVOCATE) AND: 1. THE INCOME TAX OFFICER WARD 5(2) (1) BANGALORE – 560 095 WARD 5(2) (1) BANGALORE – 560 095 2. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE – 3(1) (1) BANGALORE – 560 095 CIRCLE – 3(1) (1) BANGALORE – 560 095 3. NATIONAL FACELESS ASSESSMENT CENTRE ADDITIONAL / JOINT / DEPUTY / ASSISTANT COMMISSIONER OF INCOME TAX / INCOME TAX OFFICER, ADDITIONAL / JOINT / DEPUTY / ASSISTANT COMMISSIONER OF INCOME TAX / INCOME TAX OFFICER, - 2 - INCOME TAX DEPARTMENT, MINISTRY OF FINANCE ROOM NO.401, 2 FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM DELHI – 110 003. 4. THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX THE OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, C R BUILDING BANGALORE – 560 001 (BY SRI. THIRUMALESH M., ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE UNDER SECTION 148(b) OF THE ACT, DATED 06.02.2023, BEARING DIN NO.ITBA/AST/F/148A(SCN)/ 2022-23/1049458118(1) ISSUED BY R1 FOR THE ASSESSMENT YEAR 2016-17 HEREIN MARKED AS ANNEXURE-A 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: “i) Issue a writ of certiorari or direction in the nature of a writ of certiorari quashing the notice under Section 148A(b) of the Act dated 06/02/2023 bearing DIN No.ITBA / AST / F / 148A(SCN) / 2022-23 / 1049458118(1) issued by the respondent No.1 for the assessment year 2016-17 herein marked as Annexure-A. ii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice under Section 148A(b) of the Act dated 06/03/2023 bearing DIN No.ITBA/AST/F/148A(SCN)/2022-23/1050463533(1) issued by the Respondent No.2 for the assessment year 2016-17 herein marked as Annexure-A1. iii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order under section 148A(d) of the Act, dated 24/03/2023 bearing DIN No. ITBA/AST/F/148A/2022-23/1051261409(1), issued by the Respondent No.2 for the assessment year 2016-17 herein marked as Annexure-A2. iv) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice under Section 148 of the Act, dated 25/03/2023 bearing DIN No. ITBA/AST/S/148_1/2022-23/1051278327(1), issued by the Respondent No.2 for the assessment year 2016-17 herein marked as Annexure-A3. v) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order passed u/s 147 r.w.s 144, 144B dated 21/02/2024 bearing DIN No. ITBA/AST/S/147/2023-24/1061289221(1), issued by the Respondent No.3 for the assessment year 2016-17 herein marked as Annexure-A4. vi) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty notice u/s 271(1)(c) of the Act dated 21/02/2024 bearing DIN No.ITBA/PNL/F/271(1)(c)/2023-24/1061289439(1) issued by the Respondent No.3 for the assessment year 2016-17 herein marked as Annexure-A5. vii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty order under Section 271(1)(b) of the Act dated 17/05/2024 bearing DIN No.ITBA/PNL/F/271(1)(b)/2024-25/1064963087(1) issued by the Respondent No.3 for the assessment year 2016-17 herein marked as Annexure-A6. vi) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty notice u/s 271(1)(c) of the Act dated 21/02/2024 bearing DIN No.ITBA/PNL/F/271(1)(c)/2023-24/1061289439(1) issued by the Respondent No.3 for the assessment year 2016-17 herein marked as Annexure-A5. vii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty order under Section 271(1)(b) of the Act dated 17/05/2024 bearing DIN No.ITBA/PNL/F/271(1)(b)/2024-25/1064963087(1) issued by the Respondent No.3 for the assessment year 2016-17 herein marked as Annexure-A6. viii) And pass such other orders as this Hon’ble court deems fit and proper in the interest of justice and equity.” 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’), dated 06.02.2023 and 06.03.2023 was not received by petitioner and he was not aware of the notice and consequently, petitioner could not submit his 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) notices 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) notices. 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) notices 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-A2 dated 24.03.2023 passed under Section 148A(d) of the IT Act and subsequent notice / orders, etc., and remit the matter back to respondent No.3 for reconsideration afresh from the stage of submitting of reply by the petitioner to Section 148A(b) notices 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 A2, A3, A4, A5 and A6 are hereby set aside. (iii) Matter is remitted back to respondent No.3 for reconsideration afresh in accordance with law from the stage of submitting of reply to the Show Cause Notices under Section 148A(b) of the IT Act at Annexure-A dated 06.02.2023 and A1 dated 06.03.2023. (iv) Liberty is reserved in favour of the petitioner to submit replies, responses, pleadings, documents, etc., to the respondent, who shall consider the same, provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 11