- 1 - HC-KAR NC: 2025:KHC:47474-DB RP No. 377 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA REVIEW PETITION NO. 377 OF 2023 BETWEEN: 1. THE PRL. COMMISSIONER OF INCOME TAX EXEMPTIONS, UNITY BUILDING ANNEXE, MISSION ROAD, BENGALURU-560 027. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX EXEMPTIONS, UNITY BUILDING ANNEXE, MISSION ROAD, BENGALURU-560 027. …PETITIONERS (BY SRI. Y.V. RAVIRAJ A/W SRI DILIP M. AND SRI E.I. SANMATHI, ADVOCATES) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47474-DB RP No. 377 of 2023 AND: MESSERS THE ARCHDIOCESAN BOARD OF EDUCATION ARCHBISOPS HOUSE, NO. 75, MILLERS ROAD, BENSON TOWN, BENGALURU-560 046. …RESPONDENT THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO: I) REVIEW / RECALL THE ORDER DATED 24/01/2023 PASSED BY THIS COURT IN ITA NO. 50/2020; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:47474-DB RP No. 377 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The Revenue seeks review of this Court's order dated 24.01.2023 in ITA No.50/2020. This Court has dismissed the appeal on the ground that no assessment order could be passed after the expiry of one year from the end of the financial year in which the notice under Section 148 of the Income Tax Act, 1961 [for short, 'IT Act'] was served. This Court has observed that the notice under Section 148 of the IT Act is dated 18.04.2013 and the limitation will be effective after 31.03.2015, and this Court has referred to Section 153[2] of the IT Act as it stood prior to amendment for the assessment year 2008-09 and the ruling of the Gujarat High Court in 'Marwadi Shares and Finance Limited v. DCIT'1. 1 [2018]94 Taxmann.com 398 (Guj) [para 17 and 1] - 4 - HC-KAR NC: 2025:KHC:47474-DB RP No. 377 of 2023 Sri Y.V. Raviraj, the learned Senior Standing Counsel for the appellant, and Sri Sudheendra B.R., the learned Counsel for the respondent-Assessee, are heard. Sri Y.V. Raviraj, submits that the review is sought because this Court in paragraph 12 of the Order dated 24th January, 2023 has observed that the petitioners have accepted the Judgment of Gujarat High Court in the case of MARWADI SHARES AND FINANCE LTD [supra] when in fact the Revenue has called in question the order of the Revenue before the Apex Court. However, the learned Senior Standing Counsel also submits that presently such petition in SLP(C) No.28987 of 2018 stands disposed of by the Order dated 07.08.2023. - 5 - HC-KAR NC: 2025:KHC:47474-DB RP No. 377 of 2023 In the light of the afore, the review petition is disposed of and the application for condonation of delay is also rejected. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE LNN List No.: 1 Sl No.: 6