SHRI PANATHUR MUNIKAVREPPA ANANTHASWAMY v. THE INCOME TAX OFFICER
WP/27891/2025 · 2025-09-24
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76290 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76290 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39277 WP No. 27891 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. 27891 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 KBH GAMES VILLAGE,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39277 WP No. 27891 of 2025
KORAMANGALA, BENGALURU - 560 095
2.
THE JOINT COMMISSIONER OF INCOME TAX, RANGE - 4(1), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, NEAR KBH GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 095 …RESPONDENTS (BY SRI. SUSHAL TIWARI, ADVOCATE)
THIS W.P. 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 28.03.2025 ISSUED UNDER SECTION 148A(1) OF THE ACT FOR THE AY 2021-22 BY THE RESPONDENT NO. 1, BEARING DIN ITBA/AST/F/148A(SCN).1/2024-25/1075201428(1), HEREIN MARKED AS ANNEXURE - A AND ETC.
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HC-KAR NC: 2025:KHC:39277 WP No. 27891 of 2025
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:
"a) Issue a Writ of Certiorari or a direction in the nature of a Writ of Certiorari quashing the show cause notice dated 28.03.2025 issued under section 148A(1) of the Act for the AY 2021-22 by the Respondent No. 1, bearing DIN herein ITBA/AST/F/148A(SCN)_1/2024- 25/1075201428(1), marked as Annexure - А.
b) Issue a Writ of Certiorari or a direction in the nature of a Writ of Certiorari quashing the order dated 28.06.2025 passed under section 148A(3) of the Act for the AY 2021-22 by the Respondent No. 1 bearing DIN ITBA/AST/F/148A/2025- 26/1077953365(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 29.06.2025 issued under section 148 of the Act for the AY 2020-21 by the Respondent No. 1 bearing DIN ITBA/AST/S/148_1/2025-26/1077987091(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."
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HC-KAR NC: 2025:KHC:39277 WP No. 27891 of 2025
2. Heard Smt. Lochana S. Babu, 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. 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
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HC-KAR NC: 2025:KHC:39277 WP No. 27891 of 2025
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
SJK CT:SG List No.: 5 Sl No.: 22