- 1 - HC-KAR CNR: KAHC010182272026 NC: 2026:KHC:39285 WP No. 8329 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8329 OF 2026 (T-IT) BETWEEN: KANACHUR SEASONING INDUSTRIES D.NO. 2-72/1, N.H,.17 KALLAPU, P.O. PERMANNUR, MANGALURU - 575 017 REPRESENTED BY ITS PARTNER ULLAL KOJABBA MONU AGED ABOUT 71 YEARS, R/A KANACHUR VILLA, UNIVERSITY ROAD, DERALAKATTE, MANGALORE, KARNATAKA. PIN CODE 575 018 …PETITIONER (BY SRI. PRASANNA B.M. ADVOCATE FOR SRI. BALRAM R RAO.,ADVOCATE) AND: THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE CIRCLE -1, ALBURUERQUE HOUSE, OPPOSITE FORUM MALL, PANDESHWARA, MANGALURU, KARNATAKA PIN CODE 575001. …RESPONDENT (BY SRI. DILIP M., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010182272026 NC: 2026:KHC:39285 WP No. 8329 of 2026 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA QUASHING THE SHOW CAUSE NOTICE DATED 29.12.2021 UNDER SECTION 153C READ WITH SECTION 153A OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2016-17 IN DIN: ITBA / AST / S / 153C / 2021-22 / 1038226712(1) ENCLOSED AS ANNEXURE-A TO THIS PETITION. B) QUASHING THE FINAL ASSESSMENT ORDER DATED: 22.12.2025 PASSED UNDER SECTION 153C R.W.S 144C(13) OF THE ACT FOR A.Y. 2017-18 IN DIN: ITBA / AST / M / 153C / 2025-26 / 1083960271(1) ENCLOSED AS ANNEXURE-L TO THIS PETITION. D) QUASHING THE DEMAND NOTICE DTD: 22.12.2025 ISSUED UNDER SECTION 156 OF THE ACT FOR A.Y.2017.18 IN DIN.ITBA/AST/S/156/2025.26/ 1083960427 (1) ENCLOSED AS ANNX-M TO THIS PETITION WHICH IS ARISING OUT OF THE IMPUGNED ASSESSMENT AND INVALID JURISDICTION. E) QUASHING THE PENALTY NOTICE DATED 22.12.2025 PASSED UNDER SECTION 274 R.W.S 270A OF THE ACT FOR A.Y.2017-18 IN DIN AND ORDER NO.ITBA / PNL / S / 270A / 2025-26 / 1083961035 (1) ENCLOSED AS ANNEXURE - N TO THIS PETITION. F. QUASHING THE PENALTY NOTICE DATED 22.12.2025 PASSED UNDER SECTION 274 R.W.S 271AA(1) OF THE - 3 - HC-KAR CNR: KAHC010182272026 NC: 2026:KHC:39285 WP No. 8329 of 2026 ACT FOR A.Y.2017-18 IN DIN AND ORDER NO. ITBA / PNL / M / 271AA(1)/2025-26/1084096377(1) ENCLOSED AS ANNEXURE - P TO THIS PETITION. G) ISSUE A WRIT OF PROHIBITION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION RESTRAINING THE RESPONDENTS, THEIR OFFICERS, SERVANTS AND AGENTS FROM TAKING ANY COERCIVE STEPS FOR RECOVERY PURSUANT TO THE IMPUGNED ASSESSMENT AND DEMAND, PENDING DISPOSAL OF THE PRESENT WRIT PETITION. H) PASS SUCH OTHER AND FURTHER ORDERS AS THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The learned counsel for the petitioner files a Memo, which reads as under: " The Advocate for the Petitioner submits that he may be permitted to withdraw the aforesaid Writ Petition, as the Petitioner - 4 - HC-KAR CNR: KAHC010182272026 NC: 2026:KHC:39285 WP No. 8329 of 2026 has preferred an appeal under section 253 of the Act. It is humbly requested that, a delay in filing of an appeal before the ITAT may please be condoned. " In continuation, the learned counsel submits that the petitioner has filed an appeal with the Income Tax Appellate Tribunal (ITAT) and that this Court may condone the delay. However, this Court is of the considered view that the question of delay must also be considered by the ITAT. As such, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 0