Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32817 OF 2025 (T-IT) BETWEEN: SUTRAM SURESH S/O S. R. SHANKARA RAMAIAH, AGED ABOUT 58 YEARS, NO.A-1505, BRIGADE GATEWAY, MALLESHWARAM, S.O. BANGALORE NORTH, BENGALURU-560 055. …PETITIONER (BY SRI. RAMA MURTHY R, ADVOCATE) AND:
1. ASSESSMENT UNIT
INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, DELHI-110 001. Digitally signed by HEMALATHA A Location: HIGH 2. THE INCOME TAX OFFICER COURTOF WARD-2(2)(3), BMTC BUILDING, KARNATAKA 80 FEET ROAD, KORAMANGALA, BANGALORE-560 095. …RESPONDENTS (BY SRI.E.I.SANMATHI, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE NOTICE ISSUED U/S.148 OF THE ACT DATED 30-03-2024 FOR THE ASSESSMENT YEAR 2017-18 (ANNEXURE-D) -2- DIN (ITBA/AST/S/148-1/20-20/10(1)) ISSUED BY THE 2ND RESPONDENT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs: "A. The petitioner humbly pray this Hon'ble Court may be of Certiorari quashing the notice issued u/s.148 of the Act dated 30-03-2024 for the assessment year 2017-18 (Annexure-D) DIN [ITBA/AST/S/148_1/20-20/10(1)] sued by the 2nd Respondent. B. The petitioner humbly pray this Hon'ble Court may be of Certiorari quashing the notices dated 21-03-2024 issued u/s 148A(b) of the Act for the assessment year 2017-18 (Annexure-B) DIN ITBA/AST/F/148 SCN]/2023- C. The petitioner humbly pray this Hon'ble Court may be of Certiorari quashing the order dated 30-03-2024 passed u/s 1484(d) of the Act, for the assessment year 2017-18 (Annexure-C) [ITBA/AST/F/148A/2023-24/1063694421(1) by the Second Respondent. -3- D. The Petitioner humbly pray this Hon'ble Court may be of Certiorari quashing the order of reassessment dated 18-03-2025 made u/s 147 r.w.s.144B of the Act, for the assessment year in DIN 2017-18 (Annexure-F ITBA/AST/S/147/20-2/10(1)] passed by the First Respondent. E. The Petitioner humbly pray this Hon'ble Court may be of Certiorari quashing the order of penalty u/s 271AAC[1] of the Act dated 23-09-2025 for the Assessment year 2017-18 (Annexure-G in DIN ITBA/PNL/F/271AAC(1)/2025-26 /1081071880(1) passed by the First Respondent. F. This Hon'ble Court may be pleased to issue such other relief or reliefs as this Hon'ble Court deems fit, in the interest of justice, in the Petitioner's case”
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner invited my attention to the
order of a Co-ordinate Bench of this Court in the case of
Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of -4- Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025, in order to contend that the present petition deserves to be allowed and disposed of in terms of the said order.
4. Per contra, learned counsel for the respondents submits that there is no merit in the petition and that the same is liable to be dismissed.
5. As rightly contended by the learned counsel for the
petitioner the present petition is directly and squarely covered by the decision of a Co-ordinate Bench of this Court in the case of Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025, the operative portion of which reads as under: "13. I, therefore, pass the following:
ORDER
(i) The impugned show cause notices 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 these cases would stand quashed.
(ii) Liberty is reserved to the respondents - revenue to revive all these petitions in the event the Apex Court -5- would hold in favour of the Revenue in the pending before it.
(iii) With the aforesaid liberty and to the aforesaid extent, the petitions are allowed.
(iv) Contentions of both the parties except the one noted hereinabove, shall remain open to be considered in the event revival of these petitions would become necessary."
6. The aforesaid order is applicable to the facts and
circumstances of the instant case and consequently, the present petition also deserves to be disposed of in terms of the judgment of co-ordinate Bench of this Court in Ramachandra Reddy's case (supra).
7. In the result, I pass the following:
ORDER
(i) The petition is allowed and disposed of in terms of the
decision of a Co-ordinate Bench of this Court in the case of Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax - W.P.No.17352/2022 and connected matters - dated 28.08.2025. -6-
(ii) The impugned show cause notices and consequential orders, notices etc., at Annexures-D, B, C, F and G dated 30.03.2024, 21.03.2024, 30.03.2024, 18.03.2025 and 23.09.2025, respectively, are hereby quashed.
(iii) Liberty is reserved in favour of the respondents -
Revenue to seek revival of this petition, subsequent to disposal of the matters pending before the Apex Court and all rival contentions between the parties in this regard are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE CM List No.: 2 Sl No.: 32