Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32726 WP No. 17465 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. 17465 OF 2024 (T-IT) BETWEEN:
M/S. HASHAM TRADERS, A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE PARTNERSHIP ACT, 1932, 134, NEXT TO WIPRO CORPORATE OFFICE, SARJAPUR ROAD, DODDAKANNELLI, BENGALURU - 560 035.
REPRESENTED HEREIN BY ITS PARTNER MR. SRINIVASAN PAGALTHIVARTHI. …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 4(1)(1), BENGALURU, BMTC BUILDING, 80 FEET ROAD, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 095.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32726 WP No. 17465 of 2024
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 4(2)(1), BENGALURU, BMTC BUILDING, 80 FEET ROAD, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 095.
6.
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 DATE 07.05.2024 BEARING ITBA/AST/F/148A/2024-25/1064704462(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:
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HC-KAR NC: 2025:KHC:32726 WP No. 17465 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/2024-25/1064704462(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_1/2024-25/1064704466(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.
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HC-KAR NC: 2025:KHC:32726 WP No. 17465 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
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