Wp/57910/2018 Of M/S Karnataka Industrial Area Development Board v. The Assistant Commissioner Of Income Tax

IN THR HIGH COURT OF KARNATAKA AT BENGALURU DATBD THIS THER 2 DAY OF SEPTEMBER, 2019 BEFORE: THR HON’BLE MRS. JUSTICK S.SUJATHA WRIT PETITION No.57910/2018 (T IT) BETWEEN: M/S. KARNATAKA INDUSTRIAL AREA|DEVELOPMENT BOARD.No.49, 4[‘L]AND 5[‘L]FLOOR, ©KHANIJA BHAVAN,RACE COURSE ROAD,BENGALURU-560001(REP BY ITS CEO AND EM,DR.N. SHIVASHANKARA, IAS |AGED ABOUT 47 YBARS|9/O SRI. NINGE GOWDA. _. PRTITIONBR (BY SRI SHARATH.S., ADV., FOR ©oRI CHYTHANYA.K.K, ADV.) AND: 1.THE ASSISTANT COMMISSIONER OF INCOME TAX(EXEMPTIONS), CIRCLE-1&[‘T]FLOOR, UNITY BUILDING ANNEXE,MISSION ROAD,BBNGALURU-560027 oD THE COMMISSIONER OF INCOME TAX (EXEMPTIONS)&[‘T]FLOOR, UNITY BUILDING ANNEXE,MISSION ROAD,BENGALURU-560027.... RESPONDENTS. (BY SRI JEEVAN J. NEE RALGI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND22/ OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AS—KAR AS THER PETITIONER IS CONCERNED BY AN APPROPRIATE -9.- WRIT OR ORDER IN THR NATURBK OF CHRRITIIORARIOTHERWISE, THE IMPUGNED ORDER DATED 11.12.2018)PASSED BY THE LEARNED FIRST RESPONDENT FOR CONDUCL|OF SPECIAL AUDIT UNDER SECTION 142(2A) OF THE INCOME-TAX ACT, 1961, ENCLOSED AS ANNEXURE-A; AND ETC.,. THIS PETITION COMING ON FOR PRELIMINARY HEARING|IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER The petitioner has challenged the order dated11.12.2018 passed by the first respondent, directingspecial audit of accounts under Section 142 |2A] of theIncome Tax Act, 1961 |‘Act’ for short] relating to theAssessment Year 2016-17. 2 |Learned counsel for the petitioner wouldsubmit that the matter is squarely covered by the orderoT|theCognateBench|oT|thisCourtin.W.P.No.1863/2017andConnectedMatter}D.D.02.01.2018] in the very same assessee’s case relating to’the Assessment Years 2013-14 and 2014-15. Copy ofthe said order is placed before the Court. -3- 3.|Learned counsel for the Revenue does not| dispute the same. 4In view of the aforesaid, the impugned orderat Annexure-A dated 11.12.2018 passed under Section 142/2A| of the Act is quashed. The respondent —Assessing Authority shall re-consider the matter in thelight of the observations made in W.P.No.1863/2017—and Connected Matter referred to above. The respondent — Assessing Authority shall passfresh orders after providing a reasonable and properopportunity of hearing to the petitioner — assessee. With the aforesaid observations and directions,writ petition stands disposed of.| Sd/-. JUDGE