SRI HOLALKERE BASAVARAJAPPA NAGARAJA V. INCOME TAX OFFICER

WP/26469/2024

AI Insights

The case involves Sri Holalkere Basavarajappa Nagaraja, the petitioner, who challenged several notices and an order issued by the Income Tax Department for the assessment year 2016-17. The notices and order were related to income tax assessments and penalties. The petitioner argued that due to bona fide reasons and unavoidable circumstances, he could not respond to earlier notices, which led to an ex parte order against him. The respondents, including the Income Tax Officer and the National Faceless Assessment Centre, contended that the petition lacked merit. The court, considering the petitioner's circumstances and the need for a fair opportunity to contest the tax assessments, decided to set aside the impugned order and notices, allowing the petitioner to submit his replies and proceed accordingly.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 747485 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 30-09-2024
• Assessment Year: misc
• Laws Referred To: Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: M DILIP
• Assessee Lawyers: RAVI S V
• Keywords: Assessment Year 2016-17; Ex parte order; Income Tax; Notices quashed; Writ of Certiorari
• Section: 147; 148; 144; 271(1)(c); 274; 271(1)(b); 271F; 144B; 148A(b); 148A(d); 226; 227

Judgement Text

" - 1 - NC: 2024:KHC:40715 WP No. 26469 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26469 OF 2024 (T-IT) BETWEEN: SRI HOLALKERE BASAVARAJAPPA NAGARAJA AGED ABOUT 52 YEARS, S/O. LATE BASAVARAJAPPA, R/AT 5TH CROSS, SIDDARAMAPPA EXTENSION, HOLALKERE TALUK, CHITRADURGA-577 526. PAN AYLPN4924D, PREVIOUSLY AT NO.55, C.B. ROAD, PWD GOVERNMENT SCHOOL OPP., E DIVISION, HOLALKERE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577 526. …PETITIONER (BY SRI. RAVI SHANKAR S V.,ADVOCATE) AND: 1. INCOME TAX OFFICER WARD-1, CHITRADURGA-577 502. 2. NATIONAL FACELESS ASSESSMENT CENTRE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, INCOME TAX DEPARTMENT, Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:40715 WP No. 26469 of 2024 MINISTRY OF FINANCE, ROOM NO. 401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI-110 003. 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 THE OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX-1, BMTC BUILDING, KORAMANGALA, BANGALORE-560 095. …RESPONDENTS (BY SRI. M. DILIP, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE UNDER SECTION 148A(b) OF THE ACT, DATED 18/01/2023 BEARING DIN NO. ITBA/AST/F/148A(sCN)/2022- 23/1048880408(1), ISSUED BY THE R1 FOR THE ASSESSMENT YEAR 2016-17 HEREIN MARKED AS ANN-A ii) QUASH THE ORDER UNDER SECTION 148A(d) OF THE ACT, DATED 24/02/2023, BEARING DIN NO ITBA/AST/F/148A/2022- 23/1050112981(1) ISSUED BY THE R1 FOR THE ASSESSMENT YEAR 2016-17 HEREIN MARKED AS ANN-A1 iii) QUASH THE NOTICE UNDER SECTION 148 OF THE ACT DATED 27/03/2023 BEARING DIN NO ITBA/AST/S/148.1/2022-23/1051365458(1) ISSUED BY THE R1 FOR THE ASSESSMENT YEAR 2016-17 HEREIN MARKED AS ANN-A2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2024:KHC:40715 WP No. 26469 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: i) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice under section 148A(b) of the Act, dated 18/01/2023 bearing DIN No.ITBA/AST/F/148A(SCN)/2022- 23/1048880408(1), issued by the Respondent No.1 for the assessment year 2016-17 herein marked as Annexure - A. ii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order under section 148A(d) of the Act, dated 24/02/2023, bearing DIN No.ITBA/AST/F/148A/2022-23/1050112981(1) issued by the Respondent No.1 for the assessment year 2016-17 herein marked as Annexure - A1. iii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice under Section 148 of the Act dated 27/03/2023 bearing DIN No. ITBA/AST/S/148_1/2022-23/1051365458(1) issued by the Respondent No.1 for the assessment year 2016- 17 herein marked as Annexure - A2. iv) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order passed - 4 - NC: 2024:KHC:40715 WP No. 26469 of 2024 under section 147 r.w.s 144, 144B dated 13/03/2024 bearing DIN No. ITBA/AST/S/147/2023- 24/1062564498(1) issued by the Respondent No.2 for the assessment year 2016-17 herein marked as Annexure - AЗ. v) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty notice under Section 274 r.w.s 271(1)(b) of the Act dated 13/03/2024 bearing DIN No.ITBA/PNL/F/271(1)(b)/2023-24/1062564635(1) issued by the Respondent No.2 for the assessment year 2016-17 herein marked as Annexure - A4. vi) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty notice under Section 274 r.w.s 271(1)(c) of the Act dated 13/03/2024 bearing DIN No.ITBA/PNL/S/271(1)(c)/2023-24/1062564636(1) issued by the Respondent No.2 for the assessment year 2016-17 herein marked as Annexure - A5. vii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty notice under Section 274 r.w.s 271F of the Act dated 13/03/2024 bearing DIN No.ITBA/PNL/S/271F/2023- 24/1062564638(1), issued by the Respondent No.2 for the assessment year 2016-17 herein marked as Annexure - A6. - 5 - NC: 2024:KHC:40715 WP No. 26469 of 2024 viii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice of outstanding demand dated 02/05/2024 bearing DIN No. ITBA/RCV/F/17/2024- 25/1064596010(1) issued by the Respondent No.1 for the assessment year 2016-17 herein marked as Annexure A7. 2. Heard the learned counsels for the parties and perused the material on record. 3. Learned counsel for the petitioner submits that due to bonafide reasons, unavoidable circumstances and sufficient cause, the petitioner could not submit his reply to the notices dated 12.12.2023, 08.01.2024, 06.02.2024, 21.02.2024 and 28.02.2024 and as such, the impugned order at Annexure-A3 dated 13.03.2024 deserves to be set aside in order to give the petitioner one more opportunity to submit his reply and contest the proceedings. 4. Per contra, the learned counsel for the respondents submits that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the impugned order at Annexure-A3 dated 13.03.2024 will indicate that the petitioner has not submitted his - 6 - NC: 2024:KHC:40715 WP No. 26469 of 2024 reply to the aforesaid notices and the impugned order is an ex parte order. Under these circumstances, adopting justice oriented approach and in the light of the specific assertion on the part of the petitioner that his inability and omission to submit his reply to the aforesaid notices was due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to set aside the impugned order at Annexure-A3 and the subsequent notices at Annexures - A4, A5 and A6 and remit the matter back to the stage of the petitioner submitting a reply to the aforesaid notices and to proceed further in accordance with law. 6. In the result, the following: ORDER A. The petition is allowed. B. The impugned order and notices at Annexures - A3, A4, A5 and A6 are set aside. C. The matter is remitted back to the petitioner submitting his reply to the notices dated 12.12.2023, 08.01.2024, 06.02.2024, 21.02.2024 and 28.02.2024 and to proceed further in - 7 - NC: 2024:KHC:40715 WP No. 26469 of 2024 accordance with law by providing sufficient and reasonable opportunity to the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB "