MRS. SYEDA RUMAISA RIZWAN v. THE INCOME TAX OFFICER
WP/18484/2022 · 2025-08-28
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78424 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78424 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39435 WP No. 18484 of 2022
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. 18484 OF 2022 (T-IT) BETWEEN:
MRS. SYEDA RUMAISA RIZWAN D/O SRI.SYED DILDAR RIZWAN AHMED, AGED ABOUT 36 YEARS, REPRESENTED BY HER SPECIAL POWER OF ATTORNEY HOLDER, SRI SYED DILDAR RIZWAN AHMED, KAVALANDE VILLAGE, NANJANGUD TALUK, MYSURU – 571 312, PRESENT ADDRESS, NO.95, 4TH MAIN, SUBASHNAGAR, N.R.MOHALLA, MYSURU – 570 007.
…PETITIONER (BY SRI ANNAMALAI S., ADVOCATE) AND:
1.
THE INCOME TAX OFFICER WARD-1(1), MYSURU, NO.22/16, AYAKAR BHAVAN, RESIDENCLY ROAD, NAZARBAD, MYSURU – 570 010.
Digitally signed by NAGAVENI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39435 WP No. 18484 of 2022
2.
THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KARNATAKA AND GOA, C.R.BUILDING, NO.1, QUEENS ROAD, BENGALURU – 560 001.
…RESPONDENTS (BY SRI E.I.SANMATHI, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED U/S 148A(b) OF THE ACT DTD 27.03.2022 OF THE ACT FOR THE ASSESSMENT YEAR 2015-16 BY THE R1 BEARING DIN AND NOTICE NO.ITBA/AST/F/148A(SCN)2021- 22/1041761585(1) HEREIN MARKED AS ANNEXURE-A1;
QUASH THE ORDER DTD 30.04.2022 PASSED U/S 148A(d) OF THE ACT FOR THE ASSESSMENT YEAR 2015-16 BY THE R1 BEARING DIN AND NOTICE NO.ITBA/AST/F/148A/2022- 23/1042918131(1) HEREIN MARKED AS ANNEXURE-A2;
QUASH THE NOTICE ISSUED U/S 148 OF THE ACT DTD 30.04.2022 FOR THE ASSESSMENT YEAR 2015-16 BY THE R1 BEARING DIN AND NOTICE NO.ITBA/AST/S/148_1/2022- 23/1042918202(1) HEREIN MARKED AS ANNEXURE-A3.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:39435 WP No. 18484 of 2022
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner - Assessee is before this Court seeking quashment of notices bearing No.ITBA/AST/F/148A(SCN)/2021-22/1041761585(1) dated 27.03.2022, ITBA/AST/S/148_1/2022-23/1042918202(1) dated 30.04.2022 and
order No.ITBA/AST/F/148A/2022- 23/1042918131(1) dated 30.04.2022 passed by the respondents – Revenue under Sections 148, 148A(b) and 148A(d) of the Income Tax Act, 1961.
2. Heard Sri Annamalai S., learned counsel for the petitioner and Sri E.I.Sanmathi, 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:39435 WP No. 18484 of 2022
petition deserves to be disposed on the same lines. Therefore, I pass the following:
ORDER (i) The impugned notices bearing No. ITBA/AST/F/148A(SCN)/2021-22/1041761585(1) dated 27.03.2022 and ITBA/AST/S/148_1/2022- 23/1042918202(1) dated 30.04.2022 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. (iv) Contentions of both the parties except the one noted hereinabove, shall remain open to be
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HC-KAR NC: 2025:KHC:39435 WP No. 18484 of 2022
considered in the event revival of this petition would become necessary.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 298