Wp/14434/2024 Of Bangalore Thulaseedas Srinath v. Income Tax Officer

Digitally signedby VIJAYA PLocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5 DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV -WRIT PETITION NO. 14434 OF 2024 (TIT) BETWEEN: 1. BANGALORE THULASEEDAS SRINATH AGED ABOUT 47 YEARS S/O. LATE B.S.THULASEEDAS NO. 180, 4TH MAIN, BEML LAYOUT, BASAVESWARANAGAR BANGLAORE-560 079. PAN: AGED ABOUT 47 YEARS S/O. LATE B.S.THULASEEDAS NO. 180, 4TH MAIN, BEML LAYOUT, BASAVESWARANAGAR BANGLAORE-560 079. PAN: … PETITIONER (BY SRI. RAVI SHANKAR S V., ADVOCATE) AND: 1. INCOME TAX OFFICER WARD 6(2)(1) BANGALORE-560 095. WARD 6(2)(1) BANGALORE-560 095. 2. NATIONAL FACELESS ASSESSMENT CENTRE ADDITIONAL /JOINT/DEPUTY /ASSISTANT COMMISSIONER OF INCOME TAX/ INCOME TAX OFFICER, INCOME TAX DEPARTMENT MINISTRY OF FINANCE ROOM NO. 401, 2ND FLOOR, E-RAMP JAWAHARLAL NEHRU STADIUM DELHI-110003. ADDITIONAL /JOINT/DEPUTY /ASSISTANT COMMISSIONER OF INCOME TAX/ INCOME TAX OFFICER, INCOME TAX DEPARTMENT MINISTRY OF FINANCE ROOM NO. 401, 2ND FLOOR, E-RAMP JAWAHARLAL NEHRU STADIUM DELHI-110003. 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 THE OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 THE OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 BMTC BUILDING KORAMANGALA BANGALORE-560 095. (BY SRI. DILIP M., ADVOCATE) …RESPONDENTS *** THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE UNDER SEC 148A(b) OF THE ACT, DTD 25.03.2022 BEARING DIN NO.ITBA/AST/F/148A(SCN)/2021-22/1041520059(1) ISSUED BY THE R-1 FOR THE AY 2018-19 HEREIN MARKED AS ANNEXURE-A. QUASH THE ORDER UNDER SEC 148A(d) OF THE ACT, DTD 05.04.2022, BEARING DIN NO. ITBA/AST/F/148A/2022-23/1042521529(1) ISSUED BY THE R-1 FOR THE AY 2018-19 HEREIN MARKED AS ANNEXURE-A AND ETC., THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioner has called in question the validity of the order under Section 148-A(d) of the Income Tax Act, 1961 (for short 'the Act') at Annexure-A1 as well as the subsequent proceedings including the notice under section 148 of the Act at Annexure-A2; assessment order under Section 147 read with Sections 144, 144B of the Act at Annexure-A3 and the penalty notices at Annexures-A4 and A5. 2.It is the case made out by the petitioner that though his e-mail ID was registered in the portal, however, he has never checked his email ID and hence, he was not aware of the proceedings. It is submitted that even otherwise, he has a good case on merits as information made out in Section 148-A(b) notice at Annexure-A could be clarified to the effect that the income was not that of the petitioner but that of his father. It is submitted that if an opportunity is granted to the petitioner, petitioner will be in a position to explain the deposits. 3.After hearing the matter for sometime, it is noticed that the assessment order at Paragraph No.2 does indicate that the petitioner has not made out any response to the show cause notice. Even otherwise, taking note of the contention of the petitioner that he would be in a position to explain the deposits and the present - 4 - proceedings could be dropped, the matter requires reconsideration at the hands of the respondents. 4.Taking note that the proceedings have proceeded ex-parte and explanation is being made by the petitioner regarding non-participation in the proceedings and also noticing that the petitioner does have the explanation to be made to the notice under Section 148-A(b) of the Act, it would serve the ends of justice by affording another opportunity to the petitioner to participate in the proceedings. - 4 - proceedings could be dropped, the matter requires reconsideration at the hands of the respondents. 4.Taking note that the proceedings have proceeded ex-parte and explanation is being made by the petitioner regarding non-participation in the proceedings and also noticing that the petitioner does have the explanation to be made to the notice under Section 148-A(b) of the Act, it would serve the ends of justice by affording another opportunity to the petitioner to participate in the proceedings. 5.Accordingly, the order under Section 148-A(d) of the Act at Annexure-A1; notice under section 148 of the Act at Annexure-A2; assessment order under Section 147 read with Sections 144, 144B of the Act at Annexure-A3 and the penalty notices at Annexures-A4 and A5 are set aside. The matter is relegated to the stage of reply to the notice under Section 148-A(b) of the Act. Petitioner to make out his reply and the respondent to proceed thereafter. All contentions are kept open. - 5 - NC: 2024:KHC:25431 WP No. 14434 of 2024 6.Writ petition is disposed off accordingly. Sd/- JUDGE VP