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2025 DAILYLAW 42766 (KAR)

MR RISHAD AZIM PREMJI v. UNION OF INDIA

WP/17470/2024 · 2025-08-21

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32725 WP No. 17470 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17470 OF 2024 (T-IT) BETWEEN: MR. RISHAD AZIM PREMJI, AGED ABOUT 47 YEARS, SON OF MR. AZIM HASHIM PREMJI, RESIDING AT VILLA C-8, EPSILON, YEMLUR MAIN ROAD, YEMLUR, BENGALURU - 560 037. …PETITIONER (BY SRI. SANDEEP HUILGOL, ADVOCATE) AND: 1. UNION OF INDIA, REPRESENTED HEREIN BY THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(1), Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32725 WP No. 17470 of 2024 BENGALURU, BMTC BUILDING, 80 FEET ROAD, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 095. 3. THE CHIEF COMMISSIONER OF INCOME TAX, BENGALURU-I, C.R. BUILDING, NO.1, QUEENS ROAD, BENGALURU - 560 001. 4. THE DEPUTY/ASSISTANT DIRECTOR OF INCOME TAX, (INVESTIGATION) 1 (1), BENGALURU, C.R. BUILDING, NO.1, QUEENS ROAD, BENGALURU - 560 001. 5. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(2), BENGALURU, BMTC BUILDING, 80 FEET ROAD, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU – 560 095. 6. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 4(2)(1), BENGALURU, BMTC BUILDING, 80 FEET ROAD, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU – 560 095. - 3 - HC-KAR NC: 2025:KHC:32725 WP No. 17470 of 2024 7. THE ASSISTANT COMMISSIONER OF INCOME TAX, AO AS SPECIAL RANGE-7, BENGALURU, BMTC BUILDING, 80 FEET ROAD, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 095. 8. THE ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, 2ND FLOOR, JAWAHARLAL NEHRU STADIUM, NEW DELHI - 110 003. …RESPONDENTS (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE FOR R1; SRI. SUSHAL TIWARI, ADVOCATE FOR R2 TO R6) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 07.05.2024 BEARING ITBA/AST/F/148A/2024-25/1064704422(1) PASSED BY THE 2ND RESPONDENT UNDER SECTION 148A(d) OF THE INCOME- TAX ACT, 1961 FOR AY 2017-18 (ANNEXURE A-1) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:32725 WP No. 17470 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER For the reasons indicated in the order passed in W.P.No.17389/2024, this petition also deserve to succeed on the same reasons. 2. Therefore, the following: O R D E R [i] Petition is allowed. [ii] The impugned order dated 07.05.2024 bearing ITBA/AST/F/148A/2024-25/1064704422(1) passed by the 2nd respondent under Section 148A(d) of the Income Tax Act, 1961 for Assessment Year 2017-18 (Annexure A-1), stands quashed. [iii] The impugned notice dated 07.05.2024 bearing ITBA/AST/S/148_1/2024-25/1064704439(1) issued by the 2nd respondent under Section 148 of the Income Tax Act, 1961 for Assessment Year 2017-18 (Annexure A-2), stands quashed. - 5 - HC-KAR NC: 2025:KHC:32725 WP No. 17470 of 2024 [iv] The petitioner shall be entitled to all consequential benefits that would flow from the quashment of the order. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 0 CT:SS