Wp/36777/2014 Of M/S The Karnataka Bank Ltd v. Commissioner Of Income Tax

L THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 15 DAY OF OCTOBER 7014 BEFORE. THE HON BLE MRS.JUSTICE B.V.NAGARATHNA| &WRIT PETITION NO.36777/2014 (1IT)C/W&WRIT PETITION NO.36779/2014 (1IT) BETWEEN: M/S THE KARNATAKA BANK LTD.,.TREASURY AND ACCOUNTS DEPARTMENTHEAD OFFICE,PB NO.599, MAHAVEERA CIRCLE,|KANKANADY, MANGALORE-5 7/500REPRESENTED BY SRI MURALIDHAR KRISHNA RAO,THE DEPUTY GENERAL MANAGER,AGED ABOUT 527 YEARS .. PETITIONER.(COMMON). (BY SRI SARANGAN, SENIOR ADV. FOR ~SRI BALRAM M RAO, ADV.) AND" 1. COMMISSIONER OF INCOME TAX,CENTRAL REVENUE BUILDING, ATTAVARA,MANAGALORE-575001, KARNATAKA 2. ADDITIONAL COMMISSIONER OF INCOME TAX,RANGE-II, CENTRAL REVENUE BUILDING,|ATTAVARA, MANGALORE-5/5001, KARNATAKA.| 3. ASSISTANT COMMISSIONER OF INCOME TAXRANGE-II, CENTRAL REVENUE BUILDING,ATTAVARA, MANGALORE-5/5001, KARNATAKA.| ~. RESPONDENTS|(COMMON). (BY SRI E.R.INDRAKUMAR, SENIOR. ADV. FORSRI E.I.LSANMATHI, ADV.) WRIT PETITION NO.36/777/2014 IS FILED UNDERARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA.PRAYING TO QUASH THE NOTICE OF THE R-3 DATED.28.33.7014 PASSED UNDER SECTION 148 OF THE ACT FORTHE ASSESSMENT YEAR 2007-08 VIDE ANN-E ETC. WRIT PETITION NO.36/779/2014 IS FILED UNDERARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA.PRAYING TO QUASH THE NOTICE OF THE R-3 DATED.28.33.7014 PASSED UNDER SECTION 148 OF THE ACT FORTHE ASSESSMENT YEAR 2008-09 VIDE ANN-D ETC. THESEWRIT.PETITIONS.COMING|ON,FOR|PRELIMINARY HEARING THIS DAY, THE COURT MADE THE.FOLLOWING:- ORDER As common question of fact and law are raised in|tnese writ petitions, they are clubbed together and are.disposed by this common order. Notices dated 28.3.72014 issued under Section 148 of the Income Tax Act, (herein after referred to as ‘Act’)| 1961 for the assessment years 2007-08 and 2008-09 are:assailed in these writ petitions. 2. In response to the impugned notices, petitionernad also filed their replies. Thereafter, orders dated)28.5.2014 were passed by the respondents. 3 J have heard learned senior counsel for thepetitioner and learned senior counsel for the respondents|and perused the material on record. 4. During the course of submission, learned seniorcounsel for the petitioner has brought to my notice the factthat pursuant to the impugned notices dated 28.3.2014,|the respondents have passed a final orders under Section143 read witn Section 14/7 of the Act. 5. In that view of the matter, it would not be properto test tne correctness of the impugned notices in these)writ petitions. The writ petitions therefore would not callfor further orders. Petitioner is at liberty to assail_ finalorders pursuant to the impugned notices dated 28.3.2014. q 6. Reserving aforesaid liberty, these writ petitions Stand disposed. | Ali contentions raised in these writ petitions could beraised by both sides before the Appellate Authority Sd/- JUDGE| Msu