Karnataka High Court
The Pr Commissioner Of Income Tax, ... vs Sri M G Anand Reddy on 9 January, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:963-DB
RP No. 540 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
REVIEW PETITION NO. 540 OF 2023
BETWEEN:
1. THE PR. COMMISSIONER OF
INCOME TAX, CENTRAL
3RD FLOOR, C.R.BUILDING
QUEEN'S ROAD
BANGALORE-560 001
2. THE ASST. COMMISSIONER OF
INCOME-TAX, CENTRAL CIRCLE-2(1)
PRESENT ADDRESS
THE DEPUTY COMMISSIONER
OF INCOME TAX, CENTRAL CIRCLE-1(4)
3RD FLOOR, C.R. BUILDING
QUEEN'S ROAD
BANGALORE-560 001 ...PETITIONERS
(BY SHRI. M. DILIP, STANDING COUNSEL)
Digitally signed
by ANUSHA V AND:
Location: HIGH
COURT OF SRI. M.G. ANAND REDDY
KARNATAKA SY NO.46/1, 46/2
YADAVANAHALLI VILLAGE
ANEKAL TALUK, ATTIBELE HOBLI
BENGALURU-562 107
PAN: AARPA 3047J ...RESPONDENT
(BY SHRI. A. SHANKAR, SENIOR ADVOCATE FOR
SHRI. U.A. MADHUSUDHAN, ADVOCATE)
THIS REVIEW PETITION IS FILED UNDER XLVII RULE 1
READ WITH SECTION 114 OF THE CPC, PRAYING TO REVIEW THE
ORDER DATED 18.07.2023 PASSED BY THIS HON'BLE COURT IN
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NC: 2024:KHC:963-DB
RP No. 540 of 2023
ITA NO. 102/2023 AND TO PASS SUCH OTHER SUITABLE ORDERS
AS THIS HON'BLE COURT DEEMS FIT TO BE GRANTED IN THE
FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS REVIEW PETITION, COMING ON FOR ADMISSION,
THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER
This review petition by the Revenue is directed
against the judgment dated July 18, 2023 passed
by this court in ITA No.102/2023.
2. Heard Shri M.Dilip, learned standing counsel for
the Revenue and Shri A.Shankar, learned Senior
Advocate for the assessee.
3. Shri Dilip submitted that in Principal
Commissioner of Income-tax, Central-3 Vs. Abhisar
Buildwell (P) Ltd1., the Apex Court has held that
completed or unabated assessments can be re-opened.
The same relief may be granted in this case also.
4. In Abhisar Buildwell (P) Ltd., it is held as follows:
"(iv) in case no incriminating material is unearthed
during the search, the AO cannot assess or
[2023] 149 taxmann.com 399 (SC)
NC: 2024:KHC:963-DB
reassess taking into consideration the other
material in respect of completed
assessments/unabated assessments. Meaning
thereby, in respect of completed/unabated
assessments, no addition can be made by the
AO in absence of any incriminating material
found during the course of search under
section 132 or requisition under
section 132A of the Act, 1961. However,
the completed/unabated assessments can be
re-opened by the AO in exercise of
powers under sections 147/148 of the Act,
subject to fulfilment of the conditions as
envisaged/mentioned under sections 147/148
of the Act and those powers are saved."
5. Shri Shankar submitted that impugned order has
been passed following the aforesaid decision.
Therefore, whatever the privilege available to the
Revenue is already stated in the impugned order.
He further submitted that the Revenue did seek for
clarification in Abhisar Buildwell (P) Ltd., but the same
was not entertained. Revenue has not chosen to file
review in Abhisar Buildwell (P) Ltd. and the said
order has attained finality. With these submissions,
he prayed for dismissal of this review petition.
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6. In view of the undisputed facts, in our view,
Shri Shankar is right in his submission that whatever
liberty is available to the Revenue in Abhisar Buildwell
(P) Ltd., is always open to them and this review petition
is disposed of with the said observations.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AV
