SAROJAMMA KADIRI v. THE ASSISTANT COMMISSIONER OF INCOME TAX
WP/4699/2024 · 2025-08-28
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76022 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76022 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36528 WP No. 4699 of 2024
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. 4699 OF 2024 (T-IT)
BETWEEN:
SAROJAMMA KADIRI PROPRIETRIX OF SRI. SBMS CONCRETE W/O VENKATESWARALU AGED ABOUT 56 YEARS R/A 42-89-D, BOSE NAGAR RAYACHTY, KADAPA-516269.
ANDHRA PRADESH
…PETITIONER (BY SRI. ANNAMALAI S., ADVOCATE) AND:
1.
THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2) C R BUILDING, III FLOOR QUEENS ROAD BENGALURU-560001.
2.
THE PRINCIPAL COMMISSIONER OF INCOME TAX(CENTRAL) C R BUILDING, QUEENS ROAD BENGALURU-560001.
3.
THE ADDITIONAL COMMISSIONER OF
Digitally signed by NAGAVENI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36528 WP No. 4699 of 2024
INCOME TAX, CENTRAL RANGE-1 C R BUILDING QUEENS ROAD BENGALURU-560001. …RESPONDENTS (BY SRI. Y.V. RAVI RAJ AND SRI. M.DILIP, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE ISSUED UNDER SECTION 148A(b) OF THE ACT DATED 17/02/2023 BEARING DIN AND NOTICE NO.
ITBA/AST/F/148A(SCN)/2022-23/1049886348(1) ISSUED BY THE R1 FOR THE ASSESSMENT YEAR 2019-20 HEREIN MARKED AS ANNEXURE-A1.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 prayer:
“i) 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 17/02/2023 bearing DIN & Notice No. ITBA/AST/F/148A(SCN)/2022-23/1049886348(1) issued by the Respondent No. 1 for the assessment year 2019-20 herein marked as Annexure - A1.
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HC-KAR NC: 2025:KHC:36528 WP No. 4699 of 2024
ii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order dated 14/03/2023 passed under section 148A(d) of the Act bearing DIN & Notice No. ITBA/AST/F/148A/2022-23/1050720419(1) issued by the Respondent No. 1 for the assessment year 2019-20 herein marked as Annexure - A2.
iii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice dated 14/03/2023 issued under section 148 of the Act bearing DIN & Notice No. ITBA/AST/S/148_1/2022- 23/1050720843(1) issued by the Respondent No. 1 for the assessment year 2019-20 herein marked as Annexure - АЗ.
iv) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity.”
2. Heard Sri Annamalai S., learned counsel for the petitioner and Sri Y.V.Ravi Raj 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
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HC-KAR NC: 2025:KHC:36528 WP No. 4699 of 2024
petition deserves to be disposed on the same lines. Therefore, I pass the following:
ORDER (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 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 and I.A.No.1/2024 would be considered, in the event revival of this petition becomes necessary. Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 359