M/S. SRI LAXMI HANDLOOMS vs THE ASSISTANT COMMISSIONER OF INCOME TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF SEPTEMBER 2021

BEFORE

THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

WRIT PETITION No.4442/2021 (T-IT)

Between:

M/s Sri Laxmi Handlooms

A Partnership Firm

PAN No.ACZFS9091C

Mr. M.R. Srinivas

Aged about 48 years

S/o M.K. Rangappa

PAN No.BMOPS9193K

Both are Situated at:

Beside Royal Archid, B.H. Road,

Shivamogga: 577 401

Represented by its

Managing Partners:

Mr. M.R. Srinivasa

Mr. M.K. Rangappa

… Petitioners

(By Smt. Philomina Ross, Advocate)

And:

The Assistant Commissioner of Income Tax

Office of the Income-Tax Officer,

Ward 5, No.75, 100 ft. Road,

Gopal Gowda Extension,

Shimoga - 577 201

Karnataka

Email: SHIMOGA.IT05@INCOMETAX.GOV.IN

2 2. The Branch Manager,

Bank of Baroda,

Shimoga Branch,

Patil Building,

Near Bus Stand,

B.H. Road,

Shimoga Dist.

Email: shimog@bankofbaroda.com ... Respondents

(By Sri Jeevan J. Neeralgi, Advocate for R1)

This Writ Petition is filed under Articles 226 & 227 of Constitution of India, praying to set aside the impugned assessment order for the Assessment Year 2017-2018 dated 05.11.2019 and 28.12.2019 under Section 144 and 143(3) of the I.T. Act annexed as G1 and H1 respectively and etc.

This Writ Petition coming on for orders this day, the Court made the following:

ORDER

The petitioners have filed a memo and submit that the petition may be dismissed reserving liberty to the petitioners to challenge the impugned assessment orders for the assessment year 2017-2018 dated 05.11.2019 and 28.12.2019 vide Annexure-'G1' and 'H1'.

In light of the memo filed, the petition is dismissed.

The contentions of the petitioners are kept open. If an appeal is preferred, the Appellate Authority to take note of

3 pendency of the petition before this court and in light of certain factual aspects as pointed out by the petitioners, the aspect of delay to be dealt with in an appropriate manner without being hyper technical as is permissible under the law.

Insofar as the request for defreezing of bank accounts, in light of the asserted precarious financial condition of the petitioners as made out, the Commissioner (Appeals) to consider as regards defreezing of accounts on an application filed by the petitioners in an appropriate manner.

Accordingly, the petition is disposed off.

Sd/- JUDGE

Np/-

M/S. SRI LAXMI HANDLOOMS vs. THE ASSISTANT COMMISSIONER OF INCOME TAX