Wp/3549/2022 Of Embassy Property Developments Pvt Ltd v. Joint Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU|DATED THIS THE 24 DAY OF FEBRUARY 2022BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV$WRIT PETITION No.3549/2022 (TIT) BETWEEN: EMBASSY PROPERTY.DEVELOPMENTS PVT. LTD.,NO.150, 1ST FLOOR,|EMBASSY POINT, INFANTRY ROAD,BENGALURU - 560 OOL1REPRESENTED HEREIN BY ITSAUTHORISED SIGNATORYMR. P.R. RAMAKRISHNAN... PETITIONER. (BY SMT. TANMAYEE RAJKUMAR, ADVOCATE) AND 1.JOINT COMMISSIONER OF INCOME TAX. (OSD), CENTRAL CIRCLE 1(3), CENTRAL REVENUE BUILDING| QUEENS ROAD, BANGALORE - 560 OO1. 2.DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(3), CENTRAL REVENUE BUILDING| QUEENS ROAD, BANGALORE - 560 OO1. 3.PRINCIPAL COMMISSIONER OF| INCOME TAX (CENTRAL) CENTRAL REVENUE BUILDINGQUEENS ROAD,BANGALORE - 560 OO1. RESPONDENTS (BY SRI K.V. ARAVIND, ADVOCATE) THIS WRIT PETITION JIS FILED UNDER ARTICLE 2276 OCONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE.DATED 27.03.2021 ANNEXURE-D PASSED BY THE R1 UNDER.SECTION 148 OF THE ACT FOR THE ASSESSMENT YEAR 201/7-18AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY,HEARING THIS DAY, THE COURT MADE THE FOLLOWING: | ORDER The petitioner has challenged the notice dated 22.03.2021 at Annexure-D passed Dy the first respondentunder Section 148 of the Income Tax Act, 1961. | 2. The petitioner has also sought for setting aside theorder at Annexure- H' and the order at Annexure- K. | 3. Learned counsel appearing for the respondents has| filed a memo and along with the memo tnere is a reference|to dropping of the pending proceedings under Section 148)of the Income Tax Act, 1961 for the assessment year2017-18. Tne said proceedings reads as hereunder: “The reopened proceedings under Section 148 for |AY 201/-18 Initiated vide this office notice dtd.27.03.72027are hereby dropped. However, it is stated in unequivocalterms that the dropping of these 148 proceedings is withoutprejudice to the initiation of other proceedings as per'provisions of Income Tax Act.” 4. In light of the same, the relief sougnt for does notsurvive for consideration. Tne petition is dismissed as|naving become infructuous. The contention of the parties|are kept open. Sd/-' JUDGE Np/-|