- 1 - HC-KAR NC: 2025:KHC:41790 WP No. 24716 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24716 OF 2025 (T-IT) BETWEEN: YASHASWINI GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA REGISTERED U/S 8 OF THE CO-OPERATIVE SOCIETIES ACT, 1959, NO.43, H D DEVEGOWDA CIRCLE, BANNUR ROAD, 1ST CROSS, NEAR RING ROAD, MYSORE – 570 012 TAN: BLRY00904B REPRESENTED BY ITS CEO, SRIKANTH M., AGED 60 YEARS, S/O MADAPPA NANJAIAH, NO.2675, 4TH CROSS, KALIDASA ROAD, V V MOHALLA, MYSORE – 570 010 …PETITIONER (BY SRI. RAVI SHANKAR S. V., ADVOCATE) AND: 1. THE INCOME TAX OFFICER TDS, WARD 2(4), MYSORE – 570 010. 2. THE INCOME TAX OFFICER, TDS, WARD - 1, MYSORE – 570 008. …RESPONDENTS (BY SRI. ARAVIND V. CHAVAN, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED U/S 201(1) AND 201(1A) DATED 31/03/2022 BEARING DIN Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41790 WP No. 24716 of 2025 ITBA/COM/F/17/2021-22/1042306975(1) PASSED BY THE RESPONDENT NO.2 FOR THE ASSESSMENT YEAR 2017-18 HEREIN MARKED AS ANNEXURE – A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order passed U/s 201(1) & 201(1A) dated 31/03/2022 bearing DIN: ITBA/COM/F/17/2021-22/1042306975(1) passed by the Respondent No.2 for the assessment year 2017- 18 herein marked as Annexure - A. ii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty order dated 03/02/2023 passed u/s 271C of the Act Vide DIN KAR/03022023/00309 by the Respondent No.3 for the assessment year 2017-18 herein marked as Annexure -A1. iii) Issue a writ of Mandamus or direction in the nature of a writ of mandamus, directing the respondent No.1 to summon the recipients in Annexure L, and secure the manner of treatment of the advances in the books of the recipients. - 3 - HC-KAR NC: 2025:KHC:41790 WP No. 24716 of 2025 iv) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity.” 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 submits that notices dated 11.03.2022 and 18.03.2022 issued by the respondent No.2 under Section 201 and 201(1A) of the Income Tax Act, 1961 (for short, ‘IT Act’), was not received by petitioner and he was not aware of the notice and consequently, petitioner could not submit its reply / response along with documents to the said notice. It is submitted that the inability and omission on the part of the petitioner to submit reply / response along with documents to the notice under Sections 201(1) and 201(1A) of the Act was due to bonafide reasons, unavoidable circumstances and sufficient cause and as such, if one more opportunity is provided to the petitioner to do so by setting aside the impugned orders and notices, the petitioner would do so and respondents may be directed to proceed further in accordance with law. - 4 - HC-KAR NC: 2025:KHC:41790 WP No. 24716 of 2025 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. A perusal of the impugned order will indicate that it is an undisputed fact that petitioner has not submitted reply / response along with documents to notice under Section 201(1) and 201(1A) as can be seen from the paragraph No.5 of the impugned order dated 31.03.2022, which reads as under: “5. Further, in response to this office letters cited above, the Deputy Registrar has neither submitted reply nor substantiated the details of TDS effected in the case of Yashaswini Gruha Nirmana Sahakara Sanga Niyamintha for the year under consideration (period 01.04.2016 to 31.03.2017). Further in the eye of law and justice once again the staff of this department deputed to the CADA office in this connection to serve the notice physically. Accordingly, once again the copy of the notice issued under Section 201 dated 11.03.2022 and copy of the detailed letter dated 18.03.2022 was served physical on 22.03.2022 and the copy is placed on record. Further there is no reply from the representative and has neither furnished the details for having effected TDS for the period under consideration nor uploaded the material in the system.” - 5 - HC-KAR NC: 2025:KHC:41790 WP No. 24716 of 2025 6. Under these circumstances, in view of the specific assertion on the part of the petitioner that his inability and omission to submit a reply along with documents to notice under Sections 201(1) and 201(1A) was due to bonafide reasons, unavoidable circumstances and sufficient cause and if one more opportunity is granted, petitioner would submit reply along with documents, I deem it just and appropriate to set aside the impugned order at Annexure – A dated 31.03.2022 passed under Sections 201(1) and 201(1A) of the Income Tax Act, the penalty order at Annexure-A1 dated 03.02.2023 passed under Section 271C of the Income Tax Act and subsequent notice / orders, etc., and remit the matter back to respondent No.2 for reconsideration afresh from the stage of submitting of reply by the petitioner to notice under Sections 201(1) and 201(1A) of the Income Tax Act and to proceed further in accordance with law. 6. In the result, pass the following: ORDER (i) The petition is hereby allowed. - 6 - HC-KAR NC: 2025:KHC:41790 WP No. 24716 of 2025 (ii) The impugned order at Annexure – A dated 31.03.2022 passed by respondent No.2 and the impugned penalty order at Annexure- A1 dated 03.02.2023 are hereby set aside. (iii) The matter is remitted back to respondent No.2 for reconsideration afresh in accordance with law from the stage of submitting of reply to the Notices under Sections 201(1) and 201(1A) of the IT Act at Annexures – D and D1 dated 11.03.2022 and 18.03.2022 respectively. (iv) Liberty is reserved in favour of the petitioner to submit additional pleadings, documents, etc., to the respondent, who shall consider the same and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 0