- 1 - HC-KAR NC: 2025:KHC:47527 WP No. 32946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32946 OF 2025 (T-IT) BETWEEN: SUTRAM SURESH S/O S. R. SHANKARARAMAIAH, AGED ABOUT 58 YEARS, NO.A-1505, BRIGADE GATEWAY, MALLESHWARAM S .O BANGALORE NORTH, BENGALURU – 560 055 …PETITIONER (BY SRI. KASHINATH KALMATH, FOR SRI. RAMA MURTHY R., ADVOCATES) AND: 1. ASSESSMENT UNIT INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, DELHI – 110 001 2. THE INCOME TAX OFFICER WARD-2 (2)(3), BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BANGALORE – 560 095 …RESPONDENTS (BY SRI. E.I. SANMATHI, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE NOTICE ISSUED U/S.148 OF THE ACT DATED 05.03.2024 FOR THE ASSESSMENT YEAR 2018-19 (ANNEXURE-E) ITBA/AST/S/148-1/20-20/10(1) ISSUED BY THE 2ND RESPONDENT AND ETC., Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47527 WP No. 32946 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “A. The Petitioner humbly pray this Hon'ble Court may be pleased to issue a Writ of Certiorari or in the nature of Writ of Certiorari quashing the notice issued u/s.148 of the Act dated 05-03-2024 for the assessment year 2018-19 (Annexure-E) (ITBA/AST/S/148_1/20- 20/10(1)] issued by the 2nd Respondent. B. The Petitioner humbly pray this Hon'ble Court may be pleased to issue a Writ of Certiorari or in the nature of Writ of Certiorari quashing the Notices dated 20.02.2024 issued u/s 148A(b) of the Act (Annexure- B). C. The Petitioner humbly pray this Hon'ble Court may be pleased to issue a Writ of Certiorari or in the nature of Writ of Certiorari quashing the order dated 05.03.2024 passed u/s 148A(d) of the Act, for the assessment year 2018-2019 (Annexure-D) [ITBA/AST/F/ 148A/202-2/10(1) by the 2nd Respondent. D. The Petitioner humbly pray this Hon'ble Court may be pleased to issue a Writ of Certiorari or in the nature of Writ of Certiorari quashing the order of assessment dated 12-02-2025 made u/s 147 r.w.s.144B of the Act, - 3 - HC-KAR NC: 2025:KHC:47527 WP No. 32946 of 2025 for the assessment year 2018-19 (Annexure-F) [ITBA/AST/S/147/20-2/10(1)] passed by the First Respondent. E. The Petitioner humbly pray this Hon'ble Court may be pleased to issue a Writ of Certiorari or in the nature of Writ of Certiorari quashing the order of penalty dated 21-08-2025 passed u/s..270A of the Act for the assessment year 2018-19 (Annexure-H) in DIN. ITBA/PNL/F/270A(1)/2025-26/1079849997(1) passed by the First Respondent and order of penalty dated 21-08-2025 levying a penalty of Rs.44,730/ u/s.271B of the Act (Annexure-J) in DIN ITBA/PNL/F/271B/2025-26/1079845843(1). F. This Hon'ble Court may be pleased to issue such other relief or reliefs as this Hon'ble Court deems fit, in the interest of justice, in the Petitioner's case.” 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 - - 4 - HC-KAR NC: 2025:KHC:47527 WP No. 32946 of 2025 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 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. - 5 - HC-KAR NC: 2025:KHC:47527 WP No. 32946 of 2025 (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 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 notices and consequential orders, notices etc., at Annexures- E, B, D, F, H and J dated 05.03.2024, 20.02.2024, - 6 - HC-KAR NC: 2025:KHC:47527 WP No. 32946 of 2025 05.03.2024, 12.02.2025, 21.08.2025 and 21.08.2025 respectively 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 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 MDS List No.: 2 Sl No.: 41