SHRI SHIVLINGESHWAR CO OPERATIVE CREDIT SOCIETY V. THE INCOME TAX OFFICER WARD 1 AND TPS BAGALKOT

WP/106293/2023

AI Insights

The case involves the Shri. Shivlingeshwar Co-operative Credit Society, which filed a writ petition against the Income Tax Officer and the Principal Commissioner of Income Tax, challenging an ex-parte assessment order for the Assessment Year 2014-15. The petitioner argued that the assessment was based on an outdated PAN number and that they were unable to respond to the notice due to issues with password reset for their online tax account. The High Court of Karnataka found that the respondents failed to consider the change in the petitioner's PAN and that the ex-parte order was unjust, leading to the quashing of the assessment order and remanding the case for a fresh assessment.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 751066 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 13-09-2024
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: M THIRUMALESH
• Assessee Lawyers: SANGRAM KULKARNI
• Keywords: Assessment Order; Ex parte assessment; Income Tax; PAN; Writ of Certiorari
• Section: 147; 148; 144; 144B

Judgement Text

" - 1 - NC: 2024: KHC-D:13127 WP No. 106293 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 106293 OF 2023 (T-IT) BETWEEN: SHRI. SHIVLINGESHWAR CO-OPERATIVE CREDIT SOCIETY, AT/POST: SAIDAPUR, TAL: MUDHOL, DIST: BAGALKOT-587 316, REPRESENTED BY ITS SECRETARY, SHRI. RAMESH BASAPPA MOPAGAR, AGE: 59 YEARS, OCC: SECRETARY, R/O: BISANAL, RABAKAVI BANAHATTI, DIST: BAGALKOT. …PETITIONER (BY SRI. SANGRAM.S. KULKARNI., ADVOCATE) AND: 1. THE INCOME TAX OFFICER, WARD 1 AND TPS BAGALKOT, AIKAR BHAVAN, SECTOR 24, NAVANAGAR, DIST: BAGALKOT-587 102. 2. THE PRINCIPAL COMMISSIONER OF INCOME TAX, C.R. BUILDING, NAVANAGAR, HUBBALLI-580 025. …RESPONDENTS (BY SRI. M.THIRUMALESH., ADVOCATE FOR R1-R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024: KHC-D:13127 WP No. 106293 of 2023 ORAL ORDER Sri.Sangram Kulkarni., counsel for the petitioner and Sri.M.Thirumalesh., counsel for the respondents have appeared in person. 2. Though the matter is listed today for orders, it is heard finally. 3. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the assessment order dated 17.03.2022 passed under Section 147 R/w Section 144 R/w Section 144B of the Income Tax Act, 1961 in DIN No: ITBA/AST/S/147/2021- 22/1040934151(1) for the Assessment Year 2014-15 vide Annexure-H. 4. Heard the arguments and perused the Writ papers with care. 5. The petitioner is a Cooperative Society registered under the Karnataka Cooperative Societies Act, 1959 and is engaged in the business of providing credit facilities to its members. The petitioner after its registration, applied for the issuance of a PAN card and was assigned the status of a Firm instead of AOP and PAN bearing No.AAYFS3296G was - 3 - NC: 2024: KHC-D:13127 WP No. 106293 of 2023 issued. However, in the year 2017, a new PAN number was assigned bearing No. AARAS3928B. The first respondent issued notice under Section 148 of the Income Tax Act, 1961 relating to Assessment Year 2014-15 on the pretext that the petitioner has not filed its returns of income for the said Assessment Year by referring to the old PAN number. Since the petitioner did not have the password, requested the first respondent to reset the password. Despite requests, the issue was not resolved to reset the password. However, an ex-parte assessment order was passed on 17.03.2022. This is untenable. The respondents have failed to consider that the petitioner was assigned with new PAN number and therefore, could not reply to the notice that was sent by referring to the old PAN number. Because of the ex-parte order, this Court considers it proper to allow the assessee to contest the matter by taking part in the proceedings. Hence, the matter requires a remand. Therefore, the assessment order is liable to be set aside, so it is set aside. 6. The Writ of Certiorari is ordered. The assessment order dated 17.03.2022 passed under Section 147 R/w Section 144 R/w Section 144B of the Income Tax Act, 1961 in DIN No: - 4 - NC: 2024: KHC-D:13127 WP No. 106293 of 2023 ITBA/AST/S/147/2021-22/1040934151(1) for the Assessment Year 2014-15 vide Annexure-H is quashed. The matter is remanded to the first respondent to the stage of reply to 148 notice and to pass a fresh order. All contentions of the parties are kept open. This Court has not expressed any opinion on the merits of the case. Since the petitioner is represented by its counsel, the petitioner is directed to appear before the first respondent on 21.10.2024 without awaiting further notice. 7. Resultantly, the Writ Petition is allowed and remanded. Sd/- (JYOTI MULIMANI) JUDGE TKN/MRP LIST NO.: 3 SL NO.: 1 "