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2025 Supreme(Kar) 1795

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR, J.
Exotic Innovations Private Limited – Petitioner  
Versus 
Deputy Commissioner Of Income Tax – Respondent 
WRIT PETITION NO. 38268 OF 2025 (T-IT)
Decided On :18-12-2025

Advocates Appeared:
For the Petitioner:Smt. Mahima Goud For Smt. Tanmayee Rajkumar, Advocate
For the Respondent:Sri M Dilip, Advocate

The authority of jurisdictional Assessing Officers to issue notices under Section 148 post-faceless scheme is invalid, as it contravenes procedural mandates outlined in the Income Tax Act.

Headnote:(A) Income Tax Act, 1961 - Sections 148, 148A, 156, 270A, and 274 - Quashing of notices and assessment orders for multiple assessment years claimed by the petitioner due to lack of jurisdiction by the Assessing Officer under Section 151A - Court notes that the authority to issue notices lies with the faceless authority post 29.03.2022 - Whereinafter, the court ruled that the impugned notices and proceedings initiated by the jurisdictional Assessing Officer are void. (Paras 5, 11, 15)

Facts of the case:
The petitioner contested several notices and orders issued by the revenue department from 2017 to 2022, including assessment orders and penalty notices, alleging excessive tax liabilities and issues regarding the jurisdiction of the issuing authorities after the implementation of the faceless scheme.

Findings of Court:
The court determined that the notices and consequential orders lacked jurisdiction, leading them to be deemed improper and dismissed, allowing the petition accordingly while preserving opportunities for future revival.

Issues: The court primarily addressed whether the JAO had the authority to issue notices under Section 148 after the faceless scheme's implementation, based on precedents set by the judicial system.

Ratio Decidendi: The court affirmed, reaffirming the principle that due processes must be adhered to, especially regarding jurisdiction in tax matters, leading to the quashing of the prior notices and assessments.

Result: Petition allowed; all impugned notices and orders quashed.

Table of Content
1. summary of reliefs sought by petitioner. (Para 1)
2. petitioner’s arguments on assessment orders. (Para 2 , 3 , 4 , 5 , 6)
3. court observations on precedents and jurisdiction. (Para 7 , 8 , 9)
4. decisions should align with established precedents. (Para 10)

ORDER :

S.R.KRISHNA KUMAR, J.

In this petition, petitioner seeks for the following reliefs:

"The Petitioner, therefore, prays that this Hon'ble Court be pleased to issue a writ, order or direction:

Assessment Year 2017-18

a) quashing the notice dated 17.12.2024 issued under Section 148 of the Act by the 1st Respondent, bearing DIN ITBA/AST/S/148_1/2024-25/1071279362(1) (Annexure A), for the assessment year 2017-18;

b) quashing the assessment order dated 02.05.2024 (to be read as 02.05.2025) passed by the 1st Respondent bearing DIN ITBA/AST/M/147/2025-26/1076024080(1) (Annexure B), and the rectified order dated 03.07.2025 passed by the 1 Respondent bearing DIN ITBA/REC/M/154/2025- 26/1078190268(1) (Annexure B-3), for the assessment year 2017-18;

c) quashing the demand notice dated 02.05.2025 issued under Section 156 of Act by the 1st Respondent bearing DIN ITBA/AST/M/147/2025-26/1076024167(1) (Annexure B-1), and the demand notice dated 03.07.2025 bearing DIN ITBA/REC/M/154/2025-26/1078190280(1) (Annexure B-4) for the assessment year 2017-18;

d) quashing the penalty notice dated 19.05.2025 issued under Section 274 read with Section 270A of the Act by the 1st Respondent, bearing DIN ITBA/PNL/S/270A/2025- 26/1076275595(1) (Annexure B-2), for the assessment year 2017-18;

Assessment Year 2018-19

e) quashing the notice dated 17.12.2024 issued under Section 148 of the Act by the 1st Respondent, bearing DIN ITBA/AST/S/148_1/2024-25/1071279364(1) (Annexure D), for the assessment year 2018-19;

f) quashing the assessment order dated 02.05.2024 (to be read as 02.05.2025) passed by the 1st Respondent bearing DIN ITBA/AST/M/147/2025-26/1076024290(1) (Annexure E), and the rectified order dated 03.07.2025 passed by the 1st Respondent bearing DIN ITBA/REC/M/154/2025- 26/1078157810(1) (Annexure E-3), for the assessment year2018-19;;

g) quashing the demand notice dated 02.05.2025 issued under Section 156 of Act by the 1st Respondent bearing DIN ITBA/AST/M/147/2025-26/1076024333(1) (Annexure E-1), and the demand notice dated 03.07.2025 bearing DIN ITBA/REC/M/154/2025-26/1078178921(1) (Annexure E-4) for the assessment year 2018-19;

h) quashing the penalty notice dated 19.05.2025 issued under Section 274 read with Section 270A of the Act by the 1st Respondent, bearing DIN ITBA/PNL/S/270A/2025- 26/1076275753(1) (Annexure E-2), for the assessment year2018-19;

Assessment Year 2019-20

i). quashing the notice dated 17.12.2024 issued under Section 148 of the Act by the 1st Respondent, bearing DIN ITBA/AST/S/148_1/2024-25/1071279365(1) (Annexure G), for the assessment year 2019-20;

j) quashing the assessment order dated 02.05.2024 (to be read as 02.05.2025) passed by the 1st Respondent bearing DIN ITBA/AST/M/147/2025-26/1076024695(1) (Annexure H), and the rectified order dated 03.07.2025 passed by the 1st Respondent bearing DIN ITBA/REC/M/154/2025- 26/1078156912(1) (Annexure H-3)), for the assessment year2019-20;

k) quashing the demand notice dated 02.05.2025 issued under Section 156 of Act by the 1st Respondent bearing DIN ITBA/AST/M/147/2025-26/1076024759(1) (Annexure H-1), and the demand notice dated 03.07.2025 bearing DIN ITBA/REC/M/154/2025-26/1078179342(1) (Annexure H-4) for the assessment year 2019-20;

l) quashing he penalty notice dated 19.05.2025 issued under Section 274 read with Section 270A of the Act by the 1st Respondent, bearing DIN ITBA/PNL/S/270A/2025- 26/1076275937(1) (Annexure H-2), for the assessment year2019-20;

Assessment Year 2020-21

m). quashing the assessment order dated 02.05.2024 (to be read as 02.05.2025) passed by the 1st Respondent bearing DIN ITBA/AST/M/147/2025-26/1076024846(1) (Annexure L), and the rectified order dated 03.07.2025 passed by the 1st Respondent bearing D

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