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2025 DAILYLAW 71555 (KAR)

SHRI PANATHUR MUNIKAVREPPA ANANTHASWAMY v. THE INCOME TAX OFFICER

WP/27862/2025 · 2025-09-24

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39274 WP No. 27862 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. 27862 OF 2025 (T-IT) BETWEEN: 1. SHRI PANATHUR MUNIKAVREPPA ANANTHASWAMY SON OF MUNIKAVERAPPA, AGED ABOUT 60 YEARS, 311, PANATHUR, BALAGERE, BENGALURU - 560 087 …PETITIONER (BY SMT. LOCHANA S. BABU, ADVOCATE) AND: 1. THE INCOME TAX OFFICER WARD - 4(2)(3), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 095 2. THE JOINT COMMISSIONER OF INCOME TAX, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39274 WP No. 27862 of 2025 RANGE - 4(1) BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 095 …RESPONDENTS (BY SRI. SUSHAL TIWARI, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR A DIRECTION IN THE NATURE OF A WRIT OF CERTIORARI QUASHING THE SHOW CAUSE NOTICE DATED 25.03.2025 ISSUED UNDER SECTION 148A(1) OF THE ACT FOR THE AY 2019-20 BY THE RESPONDENT NO. 1, BEARING DIN HEREIN ITBA/AST/F/148A(SCN).1/2024-25/1074990405(1), MARKED AS ANNEXURE - A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:39274 WP No. 27862 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "a) Issue a Writ of Certiorari or a direction in the nature of a Writ of Certiorari quashing the show cause notice dated 25.03.2025 issued under section 148A(1) of the Act for the AY 2019-20 by the Respondent No. 1, bearing DIN herein ITBA/AST/F/148A(SCN)_1/2024- 25/1074990405(1), marked as Annexure - A. b) Issue a Writ of Certiorari or a direction in the nature of a Writ of Certiorari quashing the order dated 27.06.2025 passed under section 148A(3) of the Act for the AY 2019-20 by the Respondent No. 1 bearing DIN ITBA/AST/F/148A/2025-26/1077909359(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 28.06.2025 issued under section 148 of the Act for the AY 2019-20 by the Respondent No. 1 bearing DIN ITBA/AST/S/148_1/2025-26/1077951071(1), herein marked as Annexure - A2. d) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity." 2. Heard Smt. Lochana S. Babu, learned counsel for the petitioner and Sri Sushal Tiwari, learned counsel for the respondents. - 4 - HC-KAR NC: 2025:KHC:39274 WP No. 27862 of 2025 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: 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. - 5 - HC-KAR NC: 2025:KHC:39274 WP No. 27862 of 2025 (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 SJK CT:SG List No.: 5 Sl No.: 20