Doddarangaiah Narayana Murthy Vs the Income Tax Officer — Income Tax | Karnataka HC (2025)

Doddarangaiah Narayana Murthy Vs the Income Tax Officer — Income Tax | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ of certiorari granted: the impugned assessment order, penalty orders, notices and show cause notices at Annexures A, A1, A2, B, B1, B2, C, C1, C2, D, E and F for AY 2018-19 are quashed, with liberty reserved to the Revenue to seek revival of the petition after disposal of the matters pending before the Supreme Court; all rival contentions kept open.

Issue for consideration

Whether the impugned assessment order dated 13.12.2023 under Sec. 147 r.w.s. 144 r.w.s. 144B of the Income Tax Act, 1961, with computation sheet and notice of demand under Sec. 156, for AY 2018-19 (Annexures A, A-1, A-2) is liable to be quashed. +2 more

Ratio / Principle

The present petition is directly and squarely covered by the decision of the Co-ordinate Bench of this Court in Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax (W.P.No.17352/2022 and connected matters, dated 28.08.2025), and the petition therefore deserves to be disposed of in terms of that judgment.

Key takeaways

The impugned show cause notices and consequential orders, notices etc. at Annexures A, A1, A2, B, B1, B2, C, C1, C2, F, E and D (assessment order, computation sheets and demand notices dated 13.12.2023; penalty orders dated 05.06.2024 and 19.06.2024; notice dated 08.04.2022; order dated 07.04.2022; show cause notice dated 23.03.2022) are quashed.ratio¶66
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.ratio¶67

Detailed headnote1 paragraphs

Income Tax - Writ petition under Articles 226 and 227 of the Constitution challenging, for AY 2018-19: (i) assessment order dated 13.12.2023 under Sec. 147 r.w.s. 144 r.w.s. 144B with computation sheet and demand notice under Sec. 156; (ii) penalty orders dated 05.06.2024 under Sec. 272A(1)(d) and dated 19.06.2024 under Sec. 270A; (iii) notice dated 08.04.2022 under Sec. 148, order dated 07.04.2022 under Sec. 148A(d) and show cause notice dated 23.03.2022 under Sec. 148A(b) - Petition found directly and squarely covered by the Co-ordinate Bench decision in Ramachandra Reddy Ravi Kumar Vs. Deputy Commissioner of Income-tax, W.P.No.17352/2022 and connected matters (order dated 28.08.2025), wherein show cause notices issued outside the scope of Section 151-A were obliterated and consequential proceedings quashed - Petition allowed and disposed of in terms of that decision; impugned notices/orders at Annexures A to F series quashed - Liberty reserved to the Revenue to seek revival upon disposal of matters pending before the Apex Court; all rival contentions kept open and no opinion expressed thereon.

1 -

NC: 2025:KHC:40710 WP No. 32321 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 32321 OF 2024 (T-IT)

BETWEEN:

DODDARANGAIAH NARAYANA MURTHY, S/O LATE DODDARANGAIAH, AGED ABOUT 56 YEARS, PAN NO. ACPPN 6365 A RESIDING AT NO. 338, ANJANADRI NILAYA, 5^TH MAIN, MEI LAYOUT, HESARGHATTA ROAD, BAGALAGUNTE, BANGALORE, KARNATAKA - 560 073

…PETITIONER

(BY SRI. RAJEEV CHANNAPPA NULVI, ADVOCATE)

AND:

Digitally signed by CHANDANA B M Location: High Court of Karnataka

THE INCOME TAX OFFICER WARD 6(2)(1), BANGALORE BMTC BUILDING, 6^TH BLOCK, NEAR KHB GAMES VILLAGE, KORMANGALA, BENGALURU - 560 095.

THE PRINCIPAL COMMISSIONER OF INCOME TAX, RANGE 1, BENGALURU BMTC BUILDING, 6^TH BLOCK, NEAR KHB GAMES VILLAGE, KORMANGALA, BENGALURU - 560 095.

THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT, THE NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI, DELHI - 110 001.

…RESPONDENTS

(BY SRI. M. DILIP, ADVOCATE)

2 -

NC: 2025:KHC:40710 WP No. 32321 of 2024

HC-KAR

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ASSESSMENT ORDER DATED 13/12/2023, UNDER SEC. 147 R.W.S 144 R.W.S 144B OF THE INCOME TAX ACT, 1961, BEARING DIN AND NOTICE NO: ITBA/AST/S/147/2023-24/1058732519(1) ALONG WITH COMPUTATION SHEET DATED: 13/12/2023, BEARING DIN AND NOTICE NO: ITBA/AST/S/183/2023-24/1058732565(1) AND NOTICE OF DEMAND DATED: 13/12/2023, UNDER SEC. 156 OF THE INCOME TAX ACT, 1961, BEARING DIN AND NOTICE NO: ITBA/AST/S/156/2023-24/1058732564(1), PASSED BY THE RESPONDENT AUTHORITY NO.3 - THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT, PERTAINING TO ASSESSMENT YEAR 2018-19, VIDE ANNEXURE- A, A-1 AND A-2 RESPECTIVELY AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:

"A. To issue a WRIT of CERTIORARI, quashing the Impugned Assessment Order Dated: 13/12/2023, under Sec. 147 r.w.s 144 r.w.s 1448 of the Income Tax Act, 1961, bearing DIN & Notice No: ITBA/AST/S/147/2023-24/1058732519(1) along with Computation Sheet Dated: Notice No: 13/12/2023, bearing DIN & ITBA/AST/S/183/202324/1058732565(1) and Notice of Demand Dated: 13/12/2023, under Sec. 156 of the Income Tax Act, 1961, bearing DIN & Notice No: ITBA/AST/S/156/2023-24/1058732564(1), passed by the Respondent Authority No. 3 - The Assessment

3 -

NC: 2025:KHC:40710 WP No. 32321 of 2024

HC-KAR

Unit, Income Tax Department, pertaining to Assessment Year 2018-19, vide Annexure: A, A-1 & A-2 respectively; and

B. To issue a WRIT of CERTIORARI, quashing the impugned Penalty Order Dated: 05/06/2024, under Sec. 272A(1) (d) of the Income Tax Act, 1961, bearing DIN & Notice No: ITBA/PNL/F/272A(1)(d)/202425/1065419134(1) along with Computation Sheet Dated: 05/06/2024, bearing DIN & Notice No: ITBA/PNL/S/272A(1)(d)/2023-24/1058728283(1) and Notice of Demand Dated: 05/06/2024, under Sec. 156 of the Income Tax Act, 1961, bearing DIN & Notice No: ITBA/PNL/S/156/2024-25/1065419108(1); passed by the Respondent Authority No. 3 - The Assessment Unit, Income Tax Department, pertaining to Assessment Year 2018-19, vide Annexure: B, B-1 & B-2 respectively; and C. To issue a WRIT of CERTIORARI, quashing the impugned Penalty Order Dated: 19/06/2024, under Sec. 270A of the Income Tax Act, 1961, bearing DIN & Notice No: ITBA/PNL/F/270A/202425/1065797944(1) along with Computation Sheet Dated: 19/06/2024, bearing DIN & Notice No: ITBA/PNL/S/270A/2023-24/1058732570(1) and Notice of Demand Dated: 19/06/2024, under Sec. 156 of the Income Tax Act, 1961, bearing DIN & Notice No: by the ITBA/PNL/S/156/2024-25/1065780234(1); passed Respondent Authority No.3 - The Assessment Unit,

4 -

NC: 2025:KHC:40710 WP No. 32321 of 2024

HC-KAR

Income Tax Department, pertaining to Assessment Year 2018-19, vide Annexure: C, C1 & C2 respectively,; and

D. To issue a WRIT of CERTIORARI, quashing the impugned Notice Dated: 08/04/2022, bearing DIN & Notice No: ITBA/AST/S/148_1/202223/1042659382(1), issued under Sec. 148 of the Income Tax Act, 1961, issued by the Income Tax Officer, Ward 6(2)(1), Bangalore, in respect of the petitioner, pertaining to Assessment Year 2018-19, Vide ANNEXURE F, and

E. To issue a WRIT of CERTIORARI, quashing the impugned order dated: 07/04/2022, vide DIN No. ITBA/AST/F/148A/2022-23/1042621465(1), under Sec. 148A(d) of the Income Tax Act, 1961, passed by the Income Tax Officer, Ward 6(2)(1), Bangalore, in respect of the petitioner, pertaining to Assessment Year 2018-19, Vide ANNEXURE - E, and

F. To issue a WRIT of CERTIORARI, quashing the impugned Show Cause Notice dated: 23/03/2022, ITBA/AST/F/148A(SCN)/2021-22/1041498407(1),

vide DIN No. under Sec. 148A(b) of the Income Tax Act, issued by the Income Tax Officer, Ward-6(2)(1), Bangalore, in respect of the petitioner, pertaining to Assessment Year 2018-19, Vide ANNEXURE - D,

G. To pass any such other Writ, Order or Direction as this Hon'ble court might deem fit to be issued in the

5 - NC: 2025:KHC:40710 WP No. 32321 of 2024

HC-KAR

fact and circumstances of the case in the interest of justice and equity."

Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

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 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.

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.

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

6 -

NC: 2025:KHC:40710 WP No. 32321 of 2024

HC-KAR

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:

O R D E R

(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 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."

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 -

NC: 2025:KHC:40710 WP No. 32321 of 2024

HC-KAR

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.

(ii) The impugned show cause notices and consequential orders, notices etc., at Annexures-A, A1, A2, B, B1, B2, C, C1, C2, F, E and D dated 13.12.2023, 13.12.2023, 13.12.2023, 05.06.2024, 05.06.2024, 05.06.2024, 19.06.2024, 19.06.2024, 19.06.2024, 08.04.2022, 07.04.2022 and 23.03.2022 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

8 -

NC: 2025:KHC:40710 WP No. 32321 of 2024

HC-KAR

in this regard are kept open and no opinion is expressed on the same.

Sd/(S.R.KRISHNA KUMAR) JUDGE

BMC List No.: 2 Sl No.: 0