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2025 DAILYLAW 72916 (KAR)

ABHISHEK JALAN v. THE INCOME TAX OFFICER

WP/3265/2023 · 2025-08-28

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39430 WP No. 3265 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3265 OF 2023 (T-IT) BETWEEN: ABHISHEK JALAN S/O SRI SANJAY KUMAR JALLAN AGED ABOUT 28 YEARS FLAT NO.F 806 PURVA VENEZIA APARTMENT NEAR MOTHER DAIRY YELAHANKA NEW TOWN BENGALURU – 560 064. …PETITIONER (BY SRI MADHUSUDHAN U. A., ADVOCATE) AND: 1. THE INCOME TAX OFFICER WARD-1(1) (1), BENGALURU BMTC BUILDING, 80 FEET ROAD 6TH BLOCK, NEAR KHB GAMES VILLAGE KORAMANGALA BENGLAURU – 560 095. 2. THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KARNATAKA AND GOA Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39430 WP No. 3265 of 2023 CENTRAL REVENUE BUILDING QUEEN’S ROAD BENGALURU -560 001. …RESPONDENTS (BY SRI SUSHAL TIWARI, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE ISSUED UNDER SECTION 148A(b) OF THE ACT DATED 18.05.2022 OF THE ACT FOR THE ASSESSMENT YEAR 2015-16 BY THE R1 BEARING DIN AND NOTICE NO.ITBA/COM/F/17/2022-23/1043060493(1) HEREIN MARKED AS ANNEXURE-A1; QUASHING THE ORDER DATED 30.06.2022 PASSED UNDER SECTION 148A(d) OF THE ACT FOR THE ASSESSMENT YEAR 2015-16 BY THE R1 BEARING DIN AND NOTICE NO.ITBA/COM/F/17/2022.23/1043694022(1) HEREIN MARKED AS ANNEXURE-A2; QUASHING THE NOTICE DATED 30.06.2022 ISSUED UNDER SECTION 148 OF THE ACT FOR THE ASSESSMENT YEAR 2015-16 BY THE R1 BEARING DIN AND NOTICE NO.ITBA/AST/M/148-1/2022-23/1043707088(1) HEREIN MARKED AS ANNEXURE-A3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:39430 WP No. 3265 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner - Assessee is before this Court seeking quashment of notices bearing No.ITBA/COM/F/17/2022- 23/1043060493(1) dated 18.05.2022, ITBA/AST/M/148_1/2022-23/1043707088(1) dated 30.06.2022 and order No.ITBA/COM/F/17/2022-23/1043694022(1) dated 30.06.2022 passed by the respondents – Revenue under Sections 148, 148A(b) and 148A(d) of the Income Tax Act, 1961. 2. Heard Sri Madhusudhan U.A., learned counsel for the petitioner and Sri Sushal Tiwari, 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 - HC-KAR NC: 2025:KHC:39430 WP No. 3265 of 2023 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 notices bearing No.ITBA/COM/F/17/2022-23/1043060493(1) dated 18.05.2022 and ITBA/AST/M/148_1/2022- 23/1043707088(1) dated 30.06.2022 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. - 5 - HC-KAR NC: 2025:KHC:39430 WP No. 3265 of 2023 (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 NVJ List No.: 1 Sl No.: 321 CT:SS