- 1 - HC-KAR NC: 2025:KHC:40495 WP No. 27098 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 27098 OF 2025 (T-IT) BETWEEN: DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND CRYSTAL DOWNS, SURVEY NO.7/1, 7/2, 7/3, EMBASSY GOLF LINKS BUSINESS PARK, BANGALORE NORTH, BANGALORE-560071 REP. HEREIN BY ITS SENIOR MANAGER MR. LLOYD RODRIGUES. …PETITIONER (BY SRI. TANMAYEE RAJKUMAR, ADV.) AND: 1. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(2)(1), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU-560095. 2. ADDITIONAL/JOINT COMMISSIONER OF INCOME TAX RANGE-2(2) BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU – 560095. …RESPONDENTS (BY SRI.E.I. SANMATHI, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE ORDER DATED 25.06.2025 BEARING DIN AND NOTICE NO. ITBA/AST/F/148A/2025-26/1077756547(1) (ANNEXURE-G) Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40495 WP No. 27098 of 2025 PASSED BY THE 1ST RESPONDENT UNDER SECTION 148A(3) OF THE ACT FOR THE ASSESSMENT YEAR 2021-22 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "a) Quashing the order dated 25.06.2025 bearing DIN and Notice No.ITBA/AST/F/148A/2025- 26/1077756547(1) (Annexure-G) passed by the 1st Respondent under Section 148A(3) of the Act for the assessment year 2021-22; b) Quashing of the notice dated 25.06.2025 bearing DIN and Notice No.ITBA/AST/F/148-1/2025- 26/1077759550(1) (Annexure-H) passed by the 1st Respondent under Section 148 of the Act for the assessment year 2021-22; (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. - 3 - HC-KAR NC: 2025:KHC:40495 WP No. 27098 of 2025 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner invited my attention to the order of a Co- ordinate Bench of this Court in the case of Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025, in order to contend that the present petition deserves to be allowed and disposed of in terms of the said order. 4. Per contra, learned counsel for the respondents submits that there is no merit in the petition and that the same is liable to be dismissed. 5. As rightly contended by the learned counsel for the petitioner the present petition is directly and squarely - 4 - HC-KAR NC: 2025:KHC:40495 WP No. 27098 of 2025 covered by the decision of a Co-ordinate Bench of this Court in the case of Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025, the operative portion of which reads as under: "13. I, therefore, pass the following: O R D E R (i) The impugned show cause notices 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 these cases would stand quashed. (ii) Liberty is reserved to the respondents - revenue to revive all these petitions in the event the Apex Court would hold in favour of the Revenue in the pending before it. (iii) With the aforesaid liberty and to the aforesaid extent, the petitions are allowed. (iv) Contentions of both the parties except the one noted hereinabove, shall remain open to be - 5 - HC-KAR NC: 2025:KHC:40495 WP No. 27098 of 2025 considered in the event revival of these petitions would become necessary." 6. The aforesaid order is applicable to the facts and circumstances of the instant case and consequently, the present petition also deserves to be disposed of in terms of the judgment of co-ordinate Bench of this Court in Ramachandra Reddy's case (supra). 7. In the result, I pass the following: ORDER (i) The petition is allowed and disposed of in terms of the decision of a Co-ordinate Bench of this Court in the case of Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025. (ii) The impugned show cause notice and consequential orders at Annexures-G and H dated 25.06.2025 are hereby quashed. (iii) Liberty is reserved in favour of the respondents - Revenue to seek revival of this petition, subsequent to disposal of the matters pending before the Apex Court and - 6 - HC-KAR NC: 2025:KHC:40495 WP No. 27098 of 2025 all rival contentions between the parties in this regard are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK CT:bms List No.: 2 Sl No.: 32