Case LawHigh Court › Wp/19366/2021 Of M/S Bhima Jewellers v....

Wp/19366/2021 Of M/S Bhima Jewellers v. The Principal Commissioner Of Income Tax Central

High Court 25 Nov 2021 In favour of: Assessee
Forum / Bench
High Court · karnataka_bng_old
Parties
Wp/19366/2021 Of M/S Bhima Jewellers v. The Principal Commissioner Of Income Tax Central
Date of order
25 Nov 2021
Assessment year(s)
Outcome
Allowed

The order — as passed by the High Court

Case summary

In Wp/19366/2021 Of M/S Bhima Jewellers v. The Principal Commissioner Of Income Tax Central, the High Court (2021) allowed the appeal. The decision went in favour of the assessee.

Decision: Act navnot been followed/fulfilled prior to issuance of the impugnednotification, | am of the considered opinion that the|impugned notification deserves to be quashed. | 6.|in the result, | pass the following: ORDER (1)Tne petition is allowed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

Sections referenced in this judgment

IN THE HIGH COURT OF KARNATAKA, BENGALURUDATED THIS THE 25 DAY OF NOVEMBER, 2021 BEFORE THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR);WRIT PETITION No.19366 OF 2021 (TIT) BETWEEN: M/S. BHIMA JEWELLERS,REPRESENTED BY ITS PARTNER,ORI. VISHNU SHARAN K. BRAT,SON OF SRI. B. KRISHNAN,AGED ABOUT 33 YEARS,NO.122/C, 8 MAIN, 3 BLOCK,JAYANAGAR,BANGALORE-560 0171. PETITIONER (BY SRI ANNAMALAI 8., ADVOCATE) | AND: 1. THE PRINCIPAL COMMISSIONER OF INCOME-TAX.(CENTRAL), BENGALURU, CENTRAL REVENUES BUILDING,QUEENS ROAD, BENGALURU-560 0071.(CENTRAL), BENGALURU, CENTRAL REVENUES BUILDING,QUEENS ROAD, BENGALURU-560 0071. 2. THE ADDITIONAL COMMISSIONER OF INCOME TAX,CENTRAL RANGE-3, ROOM NO.308, 3 FLOOR,NO.46, INVESTIGATION BUILDING, M.G. ROAD,CHENNAI-600 034.CENTRAL RANGE-3, ROOM NO.308, 3 FLOOR,NO.46, INVESTIGATION BUILDING, M.G. ROAD,CHENNAI-600 034. 3. THE DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-3(3), NO.46, INVESTIGATIONBUILDING, M.G. ROAD, CHENNAI-600 034.CENTRAL CIRCLE-3(3), NO.46, INVESTIGATIONBUILDING, M.G. ROAD, CHENNAI-600 034. RESPONDENTS (BY SRI K.V.ARAVIND, ADVOCATE) | THIS W.P. IS FILED UNDER ARTICLES 226 AND 22/7.OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THENOTIFICATION PASSED UNDER JHE PROVISION OFSECTION 127 OF THE ACI BY THE R-1 DID 07.07.2071|REFERRED VIDE ANNX-A AND DIRECT IN THE NATURE OF PROHIBITION RESTRAINING R-2 AND 3 FROM TAKING ANYFURTHER ACTION IN PURSUANCE OF THE I[MPUGNEDNOTIFICATION PASSED UNDER THE PROVISION OFSECTION 127 OF THE ACT BY THE R-1 DID 07.07.2071|REFERRED AS ANNX-A ELSE THE PETITIONER WILLSUFFER GRAVE AND IRREPARABLE LOSS. THIS W.P. COMING ON FOR PRELIMINARY HEARING.IN 'B’ GROUP, THIS DAY, THE COURT MADE THEFOLLOWING:- ORDER In this petition, the petitioner seeks quashing of theimpugned notification at Annexure-A dated 07.07.2021|passed by respondent No.1 under Section 12/7 of theIncome Tax Act, 1961 (for short "the I.T. Act") and for otherreliefs.| 2 |Heard learned counsel for the petitioner,|learned counsel for the respondents and perused the|material on record. 3 |In|aqdaition{foreiteratingthe variouscontentions urged in the petition and referring to the|documents produced by the petitioner, learned counsel for|the petitioner invites my attention to the impugned|notification at Annexure-A in order to point out that aperusal of the said notification will indicate that the sameis | not.Inconformitywiththe mandatoryrequirements/ingredients of Section 127 of the I.T. Act, no|reason muchless valid or cogent have been assigned by|respondent Nol.1 before passing the impugned order. It Is|therefore submitted that apart from other grounds, which|vitiates the impugned order, the impugned order which Is non-speaking, cryptic and wunreasoned order withoutassigning any reasons, whatsoever, Is illegal and arbitrary|and the same deserves to be quashed. A |Per.contra,learnedcounsel|for.tnerespondents would support the impugned order and would|submit that there is no merit in the petition and the sameIs |llable to be dismissecad 5 |Though several contentions nave been urged|by both sides in support of their respective claims, aperusal of the impugned notification will indicate that the|same is not in conformity with the mandatory requirements|of Section 12/7 of the |.IT. Act, In aS much as no reasonsmucniess, valid or cogent reasons have been assigned by respondent No.1 in the impugned order, so as to enable| him to issue the impugned notification as against the|petitioner. So also, no material is available on record to |indicate the reasons as to why the Impugned notification|was Issued under Section 12/7 of the |.7. Act. Under these|circumstances, In view of the material on record Including|the impugned order, which indicates that the mandatory|requirements/ingredients of Section 12/7 of the I|.T. Act navnot been followed/fulfilled prior to issuance of the impugnednotification, | am of the considered opinion that the|impugned notification deserves to be quashed. | him to issue the impugned notification as against the|petitioner. So also, no material is available on record to |indicate the reasons as to why the Impugned notification|was Issued under Section 12/7 of the |.7. Act. Under these|circumstances, In view of the material on record Including|the impugned order, which indicates that the mandatory|requirements/ingredients of Section 12/7 of the I|.T. Act navnot been followed/fulfilled prior to issuance of the impugnednotification, | am of the considered opinion that the|impugned notification deserves to be quashed. | 6.|in the result, | pass the following: ORDER (1)Tne petition is allowed. (il)The impugned notification No.31/Misc/Centralisation/ Pr.CIT(C)/2021-22 dated 07.07.2021 vide Annexure- A is hereby quashed; however, liberty is reserved infavourOTtnerespondentstOinitiate|sucn|proceedings In accordance with law.favourOTtnerespondentstOinitiate|sucn|proceedings In accordance with law. SD/- JUDGE| BmMm
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