Income Tax Officer Ward 1 New Extension Kolar and Assessment Unit Income Tax Department Ministry of Finance V. Narayanaswamy Gangaraju

WA/1368/2025

AI Insights

The case involves an appeal by the Income Tax Officer and the Assessment Unit against Narayanaswamy Gangaraju, concerning a notice issued under Section 148A(b) of the Income Tax Act, 1961. The notice was challenged for not providing the mandatory minimum of seven days for response, as required by the Act. The Single Judge's decision to quash the notice was based on this procedural error. The appellants argued that the time provision was directory, not mandatory, but this was not accepted in light of existing judicial precedent.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 840659 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 19-02-2026
• Assessment Year: misc
• Other Referred Cases: W.A. No.612/2025
• Laws Referred To: Karnataka High Court Act, 1961, Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: E I SANMATHI
• Keywords: Income Tax; Notice quashed; Writ Appeal; Minimum Period; Seven Days
• Section: 4; 148A(b)

Judgement Text

" - 1 - HC-KAR NC: 2026:KHC:10353-DB WA No. 1368 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL NO. 1368 OF 2025 (T-IT) BETWEEN: 1. INCOME TAX OFFICER WARD 1 NEW EXTENSION KOLAR-563101. 2. ASSESSMENT UNIT INCOME TAX DEPARTMENT MINISTRY OF FINANCE NEW DELHI-110001. …APPELLANTS (BY SRI. E.I. SANMATHI, SR. STANDING COUNSEL) AND: NARAYANASWAMY GANGARAJU S/O NARAYANASWAMY AGED ABOUT 47 YEARS 177, AMMERAHALLI VILLAGE, MADERAHALLI POST, KOLAR TALUK-563101 KOLAR DISTRICT. …RESPONDENT THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO I) SET ASIDE THE ORDER DATED 21/03/2025 IN WP NO.5970/2025 PASSED BY THE LEARNED SINGLE JUDGE AND II) GRANT SUCH OTHER ORDER. Printed from counselvise.com Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10353-DB WA No. 1368 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This appeal by the revenue under Section 4 of the Karnataka High Court Act, 1961 is directed against the order dated 21.03.2025 in W.P.No.5970/2025, where under, the learned Single Judge allowed the writ petition and quashed the notice issued by the appellant-revenue under Section 148A(b) of the Income Tax Act, 1961 solely on the ground that a minimum period of seven days was not provided to the respondent herein to respond to the notice, reserving liberty to initiate appropriate proceedings in accordance with law. 2. Heard Sri. E.I. Sanmathi, learned Senior Standing counsel for the appellants, and perused the entire writ appeal papers. Printed from counselvise.com - 3 - HC-KAR NC: 2026:KHC:10353-DB WA No. 1368 of 2025 3. The parties to the proceedings would be referred to as before the Writ Court. The appellants were respondents and the respondent herein was the petitioner. 4. Petitioner approached the learned Single Judge questioning, notice issued under Section 148A(b) dated 24.03.2022, mainly urging that the notice would not provide seven days' time to respond to the said notice. The learned Single Judge under the impugned order quashed the said notice, accepting the contention of the petitioner and reserving liberty to the respondent-revenue to initiate appropriate proceedings against the petitioner in accordance with law. 5. Learned counsel for the appellant-revenue, in addition to the grounds urged in the memorandum of appeal submits that the time provided under Section 148A(b) is not mandatory and it is directory. 6. We have given our thoughtful consideration to the contentions urged by the appellant-revenue. Printed from counselvise.com - 4 - HC-KAR NC: 2026:KHC:10353-DB WA No. 1368 of 2025 However, we are not in a position to accept the contention of the appellant-revenue in view of the decision of the Co- ordinate Bench dated 05.08.2025 in W.A. No.612/2025. 7. Admittedly, in the instant case, Section 148A(b) notice is dated 24.03.2022, which is placed on record as Anneuxre-A, calling upon the petitioner to reply on or before 30.03.2022. Section 148A requires providing of minimum seven days' notice to the assessee to respond to the said notice. The Co-ordinate Bench in the decision (supra), considering identical contention at paragraph No.5, has held as follows: \" 5. It is clear from the plain reading of Clause (b) of Section 148A of the Act, that a notice under Section 148A(b) of the Act is required to provide an opportunity to the assessee to respond to the information which may suggests that the assessee's income has escaped assessment. The minimum period of such notice is stipulated as \"not less than seven days\". In the present case, the impugned notice was issued on Printed from counselvise.com - 5 - HC-KAR NC: 2026:KHC:10353-DB WA No. 1368 of 2025 20.03.2022 and the Assessee was called upon to furnish a reply on or before 25.03.2022. Indisputably, the impugned notice did not comply with the requirement of providing a minimum period of seven days to respond to the said notice.\" 8. There is no reason to disagree with the above decision. Therefore, respectfully following the above decision, the present appeal stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms List No.: 1 Sl No.: 24 Printed from counselvise.com "