Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39199 WP No. 6325 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6325 OF 2024 (T-IT) BETWEEN:
SIDDEGOWDA SUJATHA, WIFE OF LATE CHANDRU K B, AGED ABOUT 65 YEARS, NO.218, 2ND B CROSS, 7TH BLOCK, NAGARBHAVI, BENGALURU - 560072.
(SENIOR CITIZEN BENEFIT NOT CLAIMED).
…PETITIONER (BY SRI. RAVI SHANKAR S V.,ADVOCATE) AND:
1.
THE INCOME TAX OFFICER, WARD - 3(2)(1), BANGALORE, BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU - 560095.
2.
THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KARNATAKA AND GOA,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39199 WP No. 6325 of 2024
C R BUILDING, QUEEN'S ROAD, BENGALURU 560001.
3.
ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CETNRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, ROOM NO.401, 2ND FLOOR, E RAMP, JAWARHAL NERHU STADIUM, DELHI 110003.
…RESPONDENTS (BY SRI.M.DILIP, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE NOTICE ISSUED UNDER SEC 148A(b) OF THE ACT DTD 22.03.2022 OF THE ACT FOR THE ASSESSMENT YEAR 2015-16 BY THE RESPONDENT NO.1 BEARING DIN AND NOTICE NO.ITBA/AST/F/148A(SCN)/2021-22/1041282441(1) HEREIN MARKED AS ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:39199 WP No. 6325 of 2024
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayers:
“a) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice issued under section 148A(b) of the Act dated 22.03.2022 of the Act for the assessment year 2015-16 by the Respondent No.1 bearing DIN & Notice No.
ITBA/AST/F/148A(SCN)/2021-22/1041282441(1) herein marked as Annexure - A. b) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order dated 31.03.2022 passed under section 148A(d) of the Act for the assessment year 2015-16 by the Respondent No.1 bearing DIN & Notice No.ITBA/AST/F/148A/2021- 22/1042293846(1) herein marked as Annexure - A1.
c) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice dated 31.03.2022 issued under section 148 of the Act for the assessment year 2015-16 by the Respondent No.1 bearing DIN & Notice No. ITBA/AST/S/148_1/2021-22/1042297921(1) herein marked as Annexure - A2.
d) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order dated 25.03.2023 passed under section 147 of the Act for the assessment year 2015-16 by the Respondent No.3 bearing DIN & Notice No. ITBA/AST/S/147/2022-23/1051314831(1) herein marked as Annexure - A3.
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HC-KAR NC: 2025:KHC:39199 WP No. 6325 of 2024
e) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice dated 25.03.2023 issued under section 271(1)(c) of the Act for the assessment year 2015-16 by the Respondent No.3 bearing DIN & Notice No. ITBA/PNL/S/271(1)(c)/2022- 23/1051311261(1) herein marked as Annexure - A4.
f) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity.”
2. Heard Sri.Ravi Shankar S.V, learned counsel for the petitioner and Sri. M. Dilip,
learned counsel for the respondents.
3. The grounds projected in the subject petition in support of the prayer quoted supra are identical to the ones considered by this Court in W.P.No.28182/2024 and connected matters, disposed on 28.08.2025.
4. In the light of the issue being similar and the reasons rendered therein becomes applicable to the case at hand, the petition deserves to be disposed on the same lines. Therefore, I pass the following:
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HC-KAR NC: 2025:KHC:39199 WP No. 6325 of 2024
ORDER (i) The impugned show cause notice issued by the jurisdictional Assessing Officer outside the scope of Section 151A of the Act stand obliterated. All further proceedings initiated thereto, challenged in this petition would stand quashed. (ii) Liberty is reserved to the respondents - revenue to revive the petition in the event, the Apex Court would hold in favour of the Revenue in the matter pending before it. (iii) With the aforesaid liberty and to the aforesaid extent, the petition is allowed. (iv) Contentions of both the parties except the one noted hereinabove, shall remain open to be considered in the event revival of this petition would become necessary.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 13