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2025 DAILYLAW 82334 (KAR)

VASANTHAPPA v. THE INCOME TAX OFFICER

WP/9620/2024 · 2025-08-28

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36623 WP No. 9620 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. 9620 OF 2024 (T-IT) BETWEEN: VASANTHAPPA, S/O SRI. K.M. NAGAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO.8/9, BASAVANAPURA MAIN ROAD, 10TH CROSS, SWARNA LAYOUT, K R PURAM, BANGALORE-560036. PAN: ADEPV0729Q. …PETITIONER (BY SRI. ANNAMALAI S., ADVOCATE) AND: 1. THE INCOME TAX OFFICER, WARD 2(2)(5), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU-560095. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36623 WP No. 9620 of 2024 2. THE PRINCIPAL COMMISSIONER OF INCOME TAX-2, 6TH BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU-560095. …RESPONDENTS (BY SRI. E.I.SANMATHI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE ISSUED UNDER SECTION 148A(b) OF THE ACT DATED 05/02/2024 BEARING DIN AND NOTICE NO. ITBA/AST/F/148A(SCN)/2023-24/1060495489(1) ISSUED BY THE RESPONDENT NO.1 FOR THE ASSESSMENT YEAR 2020-21 HEREIN MARKED AS ANNEXURE-A1; ISSUE A WRIT OF CERTIORARI OR DIRECTION IN THE NATURE OF A WRIT OF CERTIORARI QUASHING THE ORDER DATED 23/02/2024 PASSED UNDER SECTION 148A(d) OF THE ACT BEARING DIN & NOTICE NO. ITBA/AST/F/148A/2023-24/1061415796(1) ISSUED BY THE RESPONDENT NO.1 FOR THE ASSESSMENT YEAR 2020-21 HEREIN MARKED AS ANNEXURE - A2 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36623 WP No. 9620 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: “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 05/02/2024 bearing DIN & Notice No.ITBA/AST/F/148A(SCN)/2023-24/1060495489 (1) issued by the Respondent No. 1 for the assessment year 2020-21 herein marked as Annexure - A1. ii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order dated 23/02/2024 passed under section 148A(d) of the Act bearing DIN & Notice No. ITBA/AST/F/148A/2023-24/1061415796(1) issued by the Respondent No. 1 for the assessment year 2020-21 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 23/02/2024 issued under section 148 of the Act bearing DIN & Notice No. ITBA/AST/S/148_1/2023-24/1061416161(1) issued by the Respondent No. 1 for the assessment year 2020-21 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, Sri.E.I.Sanmathi, learned counsel for the respondents. - 4 - HC-KAR NC: 2025:KHC:36623 WP No. 9620 of 2024 3. The grounds projected in the subject petition in support of the prayers 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 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. - 5 - HC-KAR NC: 2025:KHC:36623 WP No. 9620 of 2024 (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 CBC List No.: 1 Sl No.: 365