Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39316 WP No. 33109 of 2024
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. 33109 OF 2024 (T-IT)
BETWEEN:
SHRI. MOHAMMED SAIT, AGED ABOUT 50 YEARS, 132, 4TH CROSS, C LAYOUT, BANNI MANTAPA, MYSURU - 570 015, PAN: AOOPS9154H …PETITIONER (BY SRI. RAVI SHANKAR S V., ADVOCATE) AND:
1.
THE INCOME TAX OFFICER WARD -1(1) CENTRAL REVENUE BUILDING, 22/16, GOVERNMENT HOUSE ROAD, NAZARBAD, MYSURU - 570 010
2.
THE PRINCIPAL COMMISSIONER OF INCOME TAX-3, BMTC BUILDING,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39316 WP No. 33109 of 2024
80 FEET ROAD, 6TH BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU- 560 095.
3.
NATIONAL FACELESS ASSESSMENT CENTRE INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, ROOM NO. 401, 2ND FLOOR, E RAMP, JAWARLAL NEHRU STADIUM, DELHI- 110 003. …RESPONDENTS (BY SRI. M.THIRUMALESH., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT QUASHING THE NOTICE DTD 26.03.2024 ISSUED U.S 148 OF THE ACT FOR THE AY 2020-21 BY THE R-1 BEARING DIN AND NOTICE NO. ITBA/AST/S/148-1/2023-24/1063418164(1) HEREIN MARKED AS ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:39316 WP No. 33109 of 2024
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayers:
“a) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice dated 26.03.2024 issued under section 148 of the Act for the assessment year 2020- 21 by the Respondent No. 1 bearing DIN & Notice No. ITBA/AST/S/148_1/2023- 24/1063418164(1) herein marked as Annexure - A.
b) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity. "
2. Heard Shri Ravishankar S.V., learned counsel appearing for the petitioner and Shri M. Thirumalesh, learned counsel appearing 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.
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HC-KAR NC: 2025:KHC:39316 WP No. 33109 of 2024
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 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:39316 WP No. 33109 of 2024
considered in the event revival of this petition would become necessary.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 2 Sl No.: 64