The Income Tax Officer Vs Dr Ramdas Madhava Pai

DR. RAMDAS MADHAVA PAI AGED ABOUT 88 YEARS, S/O. LATE TMA PAI, RESIDING AT 1, GEETHANJALI, UPENDRA NAGAR, MANIPAL-576 104, REPRESENTED THROUGH A POWER OF ATTORNEY HOLDER, SHRI RAJESH KRISHNASWAMY MOORTI, RESIDING AT NO.908, 20TH MAIN ROAD, BANASHANKARI II STAGE, BENGALURU SOUTH, BENGALURU-560 070. …RESPONDENT

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(BY SRI ABRAHAM JOSEPH AND SMT. PARNASHREE BANNERJEE, ADVOCATES)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, READ WITH ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 12-2-2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.8815 OF 2022.

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IN W.A. NO.669/2024:

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BETWEEN:

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THE INCOME TAX OFFICER WARD 1 AND TPS, UDUPI, AAYAKAR BHAWAN, UDUPI, MALPE ROAD, AMBALPADI POST, UDUPI-576 103.

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THE ADDL. COMMISSIONER OF INCOME TAX CENTRAL REVENUE BUILDING, ATTAVARA, MANGALURU-575 001.

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THE PRINCIPAL COMMISSIONER OF INCOME TAX AAYAKAR BHAWAN, PANJAI REGION, PATTO EDC COMPLEX, PANAJI, GOA-403 001.

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NC: 2025:KHC:37950-DB WA No. 649 of 2024 C/W WA No. 669 of 2024

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3 -

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HC-KAR

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UNION OF INDIA REPRESENTED THROUGH THE SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110 001.

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APPELLANTS

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(BY SRI Y.V. RAVIRAJ & M. DILIP, ADVOCATES)

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AND:

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SMT. VASANTHI RAMADAS PAI AGED ABOUT 80 YEARS, W/O. DR. RAMDAS MADHAVA PAI, RESIDING AT 1, GEETHANJALI, UPENDRA NAGAR, MANIPAL-576 104, REPRESENTED THROUGH A POWER OF ATTORNEY HOLDER, SHRI RAJESH KRISHNASWAMY MOORTI, RESIDING AT NO.908, 20TH MAIN ROAD, BANASHANKARI II STAGE, BENGALURU SOUTH, BENGALURU-560 070.

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...RESPONDENT

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(BY SRI ABRAHAM JOSEPH AND SMT. PARNASHREE BANNERJEE, ADVOCATES)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, READ WITH ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 12-2-2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.8797 OF 2022.

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THESE WRIT APPEALS ARE COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

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4 - NC: 2025:KHC:37950-DB WA No. 649 of 2024 C/W WA No. 669 of 2024

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present Writ Appeals have been filed by the Revenue impugning the judgment and order dated 12.02.2024 passed in Writ Petition No.8797 of 2022 (T-IT) connected with Writ Petition No.8815 of 2022 (T-IT). The learned Single Judge has quashed the order under Section 148A(d) of the Income Tax Act, 1961, as well as the notices issued under Section 148A of the Income Tax Act, 1961, to the respondent-assessee.

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Learned counsel appearing for the respondentassessee submits that they would be satisfied if the matters are remanded back to the Assessing Authority to consider their detailed reply and before passing a fresh order, give them an opportunity of hearing.

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Sri Y.V. Raviraj, learned counsel appearing for the

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Revenue, submits that if this Court remands the matters back to the Assessing Authority, after setting aside the judgment and order passed by the learned Single Judge,

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5 - NC: 2025:KHC:37950-DB WA No. 649 of 2024 C/W WA No. 669 of 2024

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HC-KAR

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the Assessing Authority will consider the reply submitted by the respondent-assessee, and pass a fresh order in accordance with the law, after giving an opportunity of hearing to the respondent-assessee.

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We have considered the submissions and having regard to the consensus arrived at between the parties at the Bar, we set aside the judgment and order dated 12.02.2024 passed by the learned Single Judge in Writ Petition No.8797 of 2022 (T-IT) connected with Writ Petition No.8815 of 2022 (T-IT) and remand the matters back to the Assessing Authority to pass a fresh order under Section 148A(d) of the Income Tax Act, 1961, after considering the reply submitted by the respondentassessee to the notice under Section 148A of the Income Tax Act, 1961.

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