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2025 Supreme(Kar) 2188

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J.
Mrs. K.B. Bhojamma - Petitioner
Versus 
The Assistant Commissioner Of Income Tax – Respondent 
WRIT PETITION NO. 37293 OF 2025 (T-IT)
Decided On : 11-12-2025

Advocates Appeared:
For the Petitioner:Sri. A. Shankar, Senior Advocate For Sri. Madhusudhan .U.A, Advocate
For the Respondent:Sri. M. Dilip, Advocate

The jurisdiction of the Assessing Officer to issue notices under the Income Tax Act post-faceless regime is invalid, rendering the resulting assessments void.

Headnote:(A) Income Tax Act, 1961 - Sections 147, 148, 148A, 156, and 274 r.w.s 270A - Writ petition challenging assessment, demand, and penalty notices issued under the Income Tax Act for AY 2022-23 quashed due to jurisdictional issues arising from improper issuance under Section 151A - Previous decisions established that notices issued by the JAO post-faceless regime were invalid, necessitating quashing of all consequent orders, and reserving powers of revenue to seek revival only after pending matters in the Supreme Court are resolved. (Paras 15 and 16)

(B) Quashing of notices and orders - Judicial consistency demands that similar cases are treated alike; jurisdictional constraints on JAO require adherence to established precedents. (Paras 13 and 19)

Facts of the case:
The petitioner sought relief against assessment and notices under various sections of the Income Tax Act, with assessments conducted based on notices issued after the faceless assessment scheme commenced. The court found that the JAO lacked the jurisdiction to issue these notices.

Findings of Court:
The impugned orders and notices are quashed, as the jurisdiction of the authority was not established in line with the procedural requirements of the Act.

Issues: Whether the JAO correctly had the jurisdiction to issue assessment notices post-faceless regime implementation, and the validity of the existing orders.

Ratio Decidendi: The court concluded that the actions of the JAO were procedurally flawed, rendering all subsequent assessments void due to lack of jurisdiction.

Result: Writ petition allowed.

Table of Content
1. petitioner requests certiorari for assessment order. (Para 1 , 2 , 3 , 4)
2. counsel for petitioner cites prior judgment for quashing notices. (Para 5 , 6)
3. court analyzes jurisdiction issues regarding assessing officer's authority. (Para 7 , 8 , 9 , 10)

ORDER :

S.R.KRISHNA KUMAR, J.

In this petition, petitioner seeks for the following reliefs:

"a) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the assessment order dated 21.03.2025 passed under Section 147 of the Act for the Assessment Year 2022-23 by the Respondent No.1 bearing DIN No.ITBA/AST/S/147/ 2024-25/1074835563(1) herein marked as Annexure-A.1.

b) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice of demand issued under Section 156 of the Act dated 21.03.2025 for the Assessment Year 2022-23 by the Respondent No.1 bearing DIN & Notice No.ITBA/AST/ S/156/2024-25/1074835653(1) herein marked as Annexure-A2.

c) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty notice dated 21.03.2025 issued under Section 274 r.w.s 270A of the Act for the Assessment Year 2022-23 by the Respondent No.1 bearing DIN No.ITBA/PNL/S/ 270A/2024-25/1074835727(1) herein marked as Annexure-A3.

d) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice dated 02.02.2024 issued under Section 148 of the Income Tax Act, 1961 for the assessment year 2022-23 by the Respondent No.1 bearing DIN and Notice No.ITBA/AST/S/148_1/2023-24/1060431628 (1) herein marked as Annexure-B.

e) Issuing appropriate directions to the learned Commissioner of Income Tax (Appeals) (CIT(A)) i.e., Respondent No.4 in relation to the appeal pending before it for the assessment year 2022-23.

f) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity."

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

3. 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 submitted that pursuant to the impugned notices under section 148 of the Income Tax Act, 1961, the respondent No.1 completed the assessment proceedings and passed the Assessment Orders for the Assessment year 2022-2023 determining the total income of the petitioner as Rs.70,68,890/-.

4. Aggrieved by the said Assessment Order, the petitioner has preferred statutory appeal before the fourth respondent - appellate authority, which is still pending adjudication.

5. Meanwhile, 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, has disposed of the petitions quashing the show-cause notice on the ground that the Assessing Officer did not have jurisdiction to issue the notice under section 148 of the Act in the light of Section 151A of the Income Tax Act, 1961 and the Notification pursuant thereto which provided for issuance of notice only by the faceless authority of the respondent. It is therefore submitted that the impugned notice under section 148 of the Act and assessment orders, etc., may be set aside and the present petition be disposed of in terms of the said order. It is also submitted that the necessary directions may be issued to the CIT(A) to dispose of the Appeals, as having become academic/infructuous reserving liberty in favour of the petitioner to seek revival/restoration of the appeal if the occasion so arises.

6. Per contra, learned counsel for the respondent - Revenue submits that there is no merit in the petition and the same is liable to be dismissed.

7. A perusal of the material on record will indicate that in Ramachandra Reddy Ravi Kumar's case supra a Coordinate Bench of this Court has held as under:

"13. I, therefore, pass

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