- 1 - HC-KAR NC: 2026:KHC:20034 WP No. 11346 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11346 OF 2026 (T-IT) BETWEEN: SMT. SRIRAMA RAJGOPAL RAKSHA, D/O. RAJGOPAL S., AGED ABOUT 35 YEARS, R/AT NO.448/E, RAKSHA NILAYA, 8TH CROSS, 13TH MAIN, H.M.T. LAYOUT, GOKUL 1ST STAGE, MATHIKERE, BENGALURU 560 054. …PETITIONER (BY SRI. TEJAS N., ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI - 110 001. REP. BY ITS SECRETARY. 2. CHIEF COMMISSIONER OF INCOME TAX - I, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU - 560 001. Digitally signed by MAMATHA R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20034 WP No. 11346 of 2026 3. INCOME TAX OFFICER, WARD - 6(3)(1), NO.59, HMT BHAVAN, 3RD FLOOR, BELLARY ROAD, GANGANAGAR, BENGALURU - 560 032. 4. THE NATIONAL FACELESS APPEAL CENTRE (NFAC), C BLOCK, 4TH FLOOR, CIVIC CENTRE, MINTO ROAD, NEW DELHI - 110 002. …RESPONDENTS (BY SRI. DILIP, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SHOW CAUSE NOTICE ISSUED BY RESPONDENT NO.3 AGAINST THE PETITIONER HEREIN DATED 30-03-2023 BEARING DIN AND NOTICE NO.ITBA/AST/F/148A(SCN)/ 2022- 23/1051709934(1) (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2026:KHC:20034 WP No. 11346 of 2026 ORAL ORDER Learned counsel, Sri. Dilip accepts notice for the respondents. 2. The petitioner has called in question the validity of the assessment order at Annexure-F1. The petitioner has also challenged certain allied proceedings. It is the case of the petitioner that the notice under Section 148A(b) of the Income Tax Act, 1961 (for short, 'the Act') was not served and if the petitioner was served, they would have made out a reply as regards the grounds made out in the said notice. 3. It is submitted that the authority has taken note of an amount of Rs.13,30,000/- to be an unaccounted investment, while the petitioner asserts that she would demonstrate the said allegation and assumption is false on the basis of material available, if opportunity is granted. - 4 - HC-KAR NC: 2026:KHC:20034 WP No. 11346 of 2026 4. It is further noticed that the assessment order passed at Annexure-F1 also would reveal that the assessment proceedings have also concluded exparte, as the petitioner did not reply to the show-cause notice. 5. Learned counsel for the petitioner submits that there was no notice of any of the proceedings and if matter is remitted to the stage of reply to 148A(b) notice, petitioner would make out reply and demonstrate that the assumption of unaccounted investment is a false assumption. 6. Noticing that the order under Section 148A(d) of the Act is exparte as well as the assessment order at Annexure-F1 also being exparte, it would be appropriate to remit the matter for fresh consideration. Taking note of the assertion of the petitioner that they would make out grounds at the stage of reply to notice issued under Section 148A(b) itself and demonstrate that there was no unauthorised investment, it would be appropriate to set - 5 - HC-KAR NC: 2026:KHC:20034 WP No. 11346 of 2026 aside the order at Annexure-F1 as well as the order passed under Section 148A(d) at Annexure-B1 and remit the matter to the stage of 148A(b) notice at Annexure-A. 7. Accordingly, the order at Annexure-F1 and B1 are set aside, so also Annexures-B2, C, D, E and F2 are set aside and the matter is remitted to the stage of reply to notice at Annexure-A. Petitioner to appear before respondent No.3 without further notice on 19.05.2026. All contentions are kept open. Accordingly, petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE MCR