Wp/51692/2017 Of Dr Ashok Kumar Jain v. Office Of The Income Tax Officer

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23 DAY OF SEPTEMBER, 2019BRRORE THR HON'BLE MR.JUSTICE P. B. BAJANTHRI $$WRIT PETITION Nos.5169201693/2017 (TIT) Between: 1.Dr. Ashok Kumar Jain»/o Chatarmal JainAged 48 years|Residing at F-201, Adarsh Residency8&[*/]Cross, Jayanagar 38[*/]Block|Bengaluru-560082. 2.Smt. Neelima JainW/o Dr. Ashok Kumar JainAged 47 years|Residing at F-201, Adarsh Residency 8&[*/]Cross, Jayanagar 38[*/]Block|Bengaluru-560082.W/o Dr. Ashok Kumar JainAged 47 years|Residing at F-201, Adarsh Residency 8&[*/]Cross, Jayanagar 38[*/]Block|Bengaluru-560082. Represented by Power of AttorneyHolder Dr.Ashok Kumar Jain. .. Petitioners (By Sri A.V.Nishanth, Advocate) And Office of the Income Tax Officer|International Taxation|Ward 1(1), 4[*/]Floor, BMTC Building|80 Feet Road, KoramangalaBengaluru-560047Rep. by Income Tax Officer. |... Respondent (By Sri Jeevan J.Neeralgi, Advocate) These writ petitions are filed under Article 226 readwith Article 227 of the Constitution of India, praying toset aside the order dated 22.09.2016 vide Annexure-F- inso far aS payment of Rs.8,01,480/- as Income Tax oncapital gain is considered issued by respondent and etc., These writ petitions coming on for ‘Orders’ this|day, the Court made the following:-_ ORDER ThepetitionershaveassailedAnnexure-t,communicationdated|22O9.Y0 16.Thesaid|communication1SrelatingTOCapitalGainTax|computation chart on sale of property No.1801 and1802, A-4, Elita Promende, J.P.Nagar, 7[*/]Phase,Bengaluru-78. 2. Further, the proceedings relating to deduction|ot TDS—ot Rs.20,00,000/-.OT]above|mentioned|transactionWaSnotpaidTO theIncomeTax.Consequently, the notice has been issued. It is to benoticed that before determining the amount mentionedin Annexure-E dated 22.09.2016, the petitioners havenot been heard. Therefore, Annexure-E dated 22.09.2016communication is treated as notice to the petitioners. 3.|The petitioners are hereby directed to furnishtheir explanation-reply within a period of four weeksfrom the date of receipt of a copy of this order. © 4On receipt of petitioners explanation tonotice, the concerned Income Tax Officer is herebydirected to proceed to pass an appropriate order afterdueconsiderationot petitioners’explanationTO Annexure-E.. The above direction shall be complied within ajperiod of three months from the date of receipt of a copyof this order. With the above observations, the writ petitions|stand|disposed of Sd/-.JUDGE| !!=