- 1 - HC-KAR NC: 2025:KHC:40721 WP No. 30293 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 30293 OF 2025 (T-IT) BETWEEN: SHRI. J. BOOPESH REDDY, PROPRIETOR OF M/S. BREN CORPORATION, AGED ABOUT 53 YEARS, RESIDING AT NO.61, BREN BALAVANA, 5TH A BLOCK, KORAMANGALA, BANGALORE - 560 009, EMAIL: narendra@nnms.in MOBILE: 9448629663 SOLE PROPRIETORSHIP …PETITIONER (BY SRI. GEETHA RANI K., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2(1) (1), BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095. 2. THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2(4) QUEEN ROAD, BANGALORE - 560 001. 3. THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE 2(1) (1), BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095. …RESPONDENTS (BY SRI. E. I. SANMATHI, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AS FAR AS THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40721 WP No. 30293 of 2025 PETITIONER IS CONCERNED BY AN APPROPRIATE WRIT OR ORDER IN THE NATURE OF CERTIORARI OR OTHERWISE THE IMPUGNED ORDER UNDER SECTION 148A(3) OF THE ACT DATED 24.06.2025 PASSED BY THE LEARNED FIRST RESPONDENT FOR AY 2021-22 ENCLOSED AS ANNEXURE A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: "A. Quash as far as the Petitioner is concerned by an appropriate writ or order in the nature of Certiorari or otherwise the impugned Order under section 148A(3) of the Act dated 24.06.2025 passed by the Learned First Respondent for AY 2021-22 enclosed as Annexure A. B. Quash as far as the Petitioner is concerned by an appropriate writ or order in the nature of Certiorari or otherwise the impugned Notice under section 148 of the Act, dated 27.06.2025 issued by the Learned First Respondent for AY 2021-22, enclosed as Annexure- B. And C. Grant such other reliefs as this Honourable High Court think fit including the cost of this writ petition." - 3 - HC-KAR NC: 2025:KHC:40721 WP No. 30293 of 2025 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 invited my attention to the order of a Co-ordinate Bench of this Court in the case of Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025, in order to contend that the present petition deserves to be allowed and disposed of in terms of the said order. 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. As rightly contended by the learned counsel for the petitioner the present petition is directly and squarely covered by the decision of a Co-ordinate Bench of this Court in the case of Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025, the operative portion of which reads as under: - 4 - HC-KAR NC: 2025:KHC:40721 WP No. 30293 of 2025 "13. I, therefore, pass the following: O R D E R (i) The impugned show cause notices issued by the jurisdictional Assessing Officer outside the scope of Section 151-A of the Act stand obliterated. All further proceedings initiated thereto, challenged in these cases would stand quashed. (ii) Liberty is reserved to the respondents - revenue to revive all these petitions in the event the Apex Court would hold in favour of the Revenue in the pending before it. (iii) With the aforesaid liberty and to the aforesaid extent, the petitions are allowed. (iv) Contentions of both the parties except the one noted hereinabove, shall remain open to be considered in the event revival of these petitions would become necessary." 6. The aforesaid order is applicable to the facts and circumstances of the instant case and consequently, the present petition also deserves to be disposed of in terms of the judgment of co-ordinate Bench of this Court in Ramachandra Reddy's case (supra). 7. In the result, I pass the following - 5 - HC-KAR NC: 2025:KHC:40721 WP No. 30293 of 2025 ORDER (i) The petition is allowed and disposed of in terms of the decision of a Co-ordinate Bench of this Court in the case of Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025. (ii) The impugned order at Annexure-A dated 24.06.2025 and the impugned notice at Annexure-B dated 27.06.2025, passed/issued by respondent No.1 are hereby quashed. (iii) Liberty is reserved in favour of the respondents - Revenue to seek revival of this petition, subsequent to disposal of the matters pending before the Apex Court and all rival contentions between the parties in this regard are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 27