MR SHIVANPURA NARASIMHAMURTHY SRINIVASA v. INCOME TAX OFFICER
WP/12218/2025 · 2025-09-24
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70043 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70043 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39334 WP No. 12218 of 2025
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. 12218 OF 2025 (T-IT) BETWEEN:
MR SHIVANPURA NARASIMHAMURTHY SRINIVASA S/O NARASIMHA MURTHY S.N, AGED ABOUT 45 YEARS, RESIDING AT 69-70, SRINIVASA NILAYA, RAVIKIRTOSKAR LAYOUT, CHIKKABIDARA KALLU NAGASANDRA POST, BANGALORE- 560073. …PETITIONER (BY SRI. ANIRUDHA R NAYAK.,ADVOCATE)
AND:
1.
INCOME TAX OFFICER
WARD 6 (1)(1), BMTC BUILDING,
80 FEET ROAD, 6TH BLOCK,
NEAR KHB GAMES VILLAGE,
KORAMANGALA,
BENGALURU- 560095.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39334 WP No. 12218 of 2025
2. THE PRINCIPAL COMMISSIONER OF
INCOME TAX, BANGALORE- 6,
BMTC, BUILDING, 6TH BLOCK,
80 FEET ROAD, KORAMANGALA,
BENGALURU- 560 095. …RESPONDENT (BY SRI. Y.V.RAVIRAJ, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 22.03.2024 BEARING NO. ITBA/AST/F/148A/2023- 24/1063134366(1) (ANNEXURE B) PASSED BY THE 1ST RESPONDENT UNDER SECTION 148A(D) OF THE ACT FOR THE ASSESSMENT YEAR 2017-2018.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayers:
“(a) Quashing the order dated 22.03.2024 bearing No. ITBA/AST/F/148A/2023-24/1063134366
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HC-KAR NC: 2025:KHC:39334 WP No. 12218 of 2025
(1) (Annexure B) passed by the 1 ^ (st) Respondent under Section 148A(d) of the Act for the assessment year 2017-2018; (b) Quashing the order dated 07.03.2025 bearing No. ITBA/AST/S/147/2024-25/1074201672(1) (Annexure L) passed by the 1 ^ (st) Respondent under Section 148A(d) of the Act for the assessment year 2016-17; (c) pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity."
2. Heard Shri Anirudha R. Nayak, learned counsel appearing for the petitioner and Shri Y.V. Raviraj, learned counsel appearing 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:39334 WP No. 12218 of 2025
ORDER (i) The impugned show cause notice issued by the jurisdictional Assessing Officer outside the scope of Section 151-A 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
JY List No.: 2 Sl No.: 82