Wp/19508/2024 Of Mysore Co Operative Departmental Employees v. Income Tax Officer

Digitallysigned byVandana SLocation:HIGH COURTOFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14 DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR -WRIT PETITION NO. 19508 OF 2024 (TIT) BETWEEN: MYSORE CO OPERATIVE DEPARTMENTAL EMPLOYEES HOUSE BUILIDNG CO OPERATIVE SOCEITY LTD REGISTERED UNDER SECTION 7 OF THE MYSORE CO-OPERATIVE SOCIETIES ACT, 1959 OFFICE OF THE DEPUTY REGISTRAR OF CO OPERATIVE, SOCIETIES PREMISES, P ALACE OFFICES BUILDING, MYSORE-570024, PAN ALSO AT RAJU, AGED 63 YEARS, S/O LATE CHANNEGOWDA, RESIDING AT NO.479, 7TH MAIN, 1ST STAGE, VIJAYANAGARA, MYSORE-570017 …PETITIONER (BY SRI. RAVI SHANKAR S V., ADVOCATE) AND: 1.INCOME TAX OFFICER WARD - 1(1), MYSORE 570008. WARD - 1(1), MYSORE 570008. 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, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI-110003 3.THE PRINCIPAL COMMISSIONER OF INCOME TAX - 3, THE OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX - 3, BMTC BUILDING, KORAMANGALA, BANGALORE - 560095 …RESPONDENTS (BY SRI. M. THIRUMALESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AN D227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE UNDER SECTION 148A(B) OF THE ACT, DATED 17/02/2023 BEARING NO.ITBA/AST/F/148A(SCN)/2022-23/1049866269(1), DIN ISSUED BY THE RESPONDENT NO.1 FOR THE ASSESSMENT YEAR 2019-20 HEREIN MARKED AS ANNEXURE - A; QUASH THE ORDER UNDER SECTION 148A(D) OF THE ACT, DATED 31/03/2023, BEARING DIN NO.ITBA/AST/F/148A/2022-23/1051736825(1) ISSUED BY THE RESPONDENT NO.1 FOR THE ASSESSMENT YEAR 2019-20 HEREIN MARKED AS ANNEXURE A1; QUASH THE NOTICE UNDER SECTION 148 OF THE ACT DATED 31/03/2023 BEARING DIN NO. ITBA/AST/S/148.1/2022-23/1051736941(1) - 3 - NC: 2024:KHC:32965 WP No. 19508 of 2024 ISSUED BY THE RESPONDENT NO.1 FOR THE ASSESSMENT YEAR 2019-20 HEREIN MARKED AS ANNEXURE A2. 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 17/02/2023 bearing DIN No. ITBA/AST/F/148A(SCN)/2022-23/1049866269(1), issued by the Respondent No.1 for the assessment year 2019-20 herein marked as Annexure - A. ii) 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 31/03/2023, bearing DIN No.ITBA/AST/F/148A/2022-23/1051736825(1) issued by the Respondent No.1 for the assessment year 2019-20 herein marked as Annexure - A1. iii) 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 31/03/2023 bearing DIN No. ITBA/AST/S/148_1/2022-23/1051736941(1) issued by the Respondent No.1 for the assessment year 2019-20 herein marked as Annexure - A2. iv) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the approval order under Section 151 of the Act dated 21/03/2023 bearing DIN No. ITBA/AST/S/118/2022-23/1051046372(1), issued by the Respondent No.3 for the assessment year 2019-20 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 Under section 147 r.w.s 144B dated 29/12/2023 bearing DIN No.ITBA/AST/S/147/2023-24/1059202763(1) issued by the Respondent No. 2 for the assessment year 2019-20 herein marked as Annexure - A4. ITBA/AST/S/148_1/2022-23/1051736941(1) issued by the Respondent No.1 for the assessment year 2019-20 herein marked as Annexure - A2. iv) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the approval order under Section 151 of the Act dated 21/03/2023 bearing DIN No. ITBA/AST/S/118/2022-23/1051046372(1), issued by the Respondent No.3 for the assessment year 2019-20 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 Under section 147 r.w.s 144B dated 29/12/2023 bearing DIN No.ITBA/AST/S/147/2023-24/1059202763(1) issued by the Respondent No. 2 for the assessment year 2019-20 herein marked as Annexure - A4. vi) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty order under section 271AAC(1) of the Act dated 13/06/2024 bearing DIN No. ITBA/PNL/F/271AAC(1)/2024-25/1065652725(1), issued by the Respondent No.2 for the assessment year 2019-20 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 270A of the Act dated 10/06/2024 bearing DIN No. ITBA/PNL/F/270A/2024-25/1065503544(1), issued by the Respondent No.2 for the assessment year 2019-20 herein marked as Annexure - A6." 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 17.02.2023 was not received by petitioner and it was not aware of the notice and consequently, petitioner could not submit its 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) notice was due to bonafidereasons, 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 the respondents may be directed to proceed further in accordance with law. NC: 2024:KHC:32965 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) notice. Under these circumstances, in view of the specific assertion on the part of the petitioner that its inability and omission to submit a reply along with documents to Section 148A(b) notice 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 – A1 dated 31.03.2023 passed under Section 148A(d) of the IT Act and subsequent notice/orders, etc., and remit the matter back to respondent No.1 for reconsideration afresh from the stage of submitting of reply by the petitioner to Section 148A(b) notice and to proceed further in accordance with law. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) Impugned notices/orders at Annexures A, A1, A2, A3, A4, A5 and A6 are hereby set aside. (iii) Matter is remitted back to respondent No.1 for reconsideration afresh in accordance with law from the stage of submitting of reply to the Show Cause Notice under Section 148A(b) of the IT Act at Annexure – A dated 17.02.2023. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) Impugned notices/orders at Annexures A, A1, A2, A3, A4, A5 and A6 are hereby set aside. (iii) Matter is remitted back to respondent No.1 for reconsideration afresh in accordance with law from the stage of submitting of reply to the Show Cause Notice under Section 148A(b) of the IT Act at Annexure – A dated 17.02.2023. (iv) Liberty is reserved in favour of the petitioner to submit additional pleadings, documents, etc., to the respondent, who shall consider the same and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB