M/S KAMMAVARI CREDIT CO OPERATIVE vs. THE ASST COMMISSIONER OF INCOME TAX

W.P.Nos.11624-625/2012 - 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26TH DAY OF JULY 2012 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH W.P.Nos.11624-625/2012 (T-IT) BETWEEN: M/S KAMMAVARI CREDIT CO-OPERATIVE SOCIETY LIMITED 10, 22ND MAIN ROAD, JAYANAGAR HBCS LAYOUT, PADMANABHANAGAR BANGALORE-560 070 REPRESENTED BY ITS PRESIDENT SRI T.BHADRACHALAM AGED ABOUT 59 YEARS SON OF SRI T.ANJANEYALU NAIDU

… PETITIONER (BY SRI P.DINESH, ADVOCATE FOR SRI S.PARTHASARATHI, ADVOCATE) AND: 1. THE ASST. COMMISSIONER OF INCOME TAX CIRCLE 4(1), BANGALORE 2. THE COMMISSIONER OF INCOME TAX BANGALIORE-II, C.R.BUILDING 1ST FLOOR, QUEEN’S ROAD BANGALORE-560 001 … RESPONDENTS (BY SRI M.V.SESHACHALA, SR. COUNSEL) WPs ARE FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE R2 DATED. 19.3.12 PASSED UNDER SECTION 264 OF THE ACT FOR THE ASSESSMENT YEAR 2008-09 IN FILE F.NO.264/CIT-II/2011-12 VIDE ANNEX-K AND QUASH THE INTIMATION DATED 18.2.2009 UNDER SECTION 143(1) OF THE ACT ISSUED BY THE R1 FOR THE ASSESSMENT YEAR 2007-08 VIDE ANNEX-C AND ETC.

W.P.Nos.11624-625/2012 - 2 - WPs COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R H.G.RAMESH, J. (Oral): These writ petitions are directed against the order dated 19.03.2012, passed under Section 264 of the Income Tax Act, 1961, by the Commissioner of Income Tax, a copy of which is produced as Annexure-K. 2. Learned Counsel appearing for the petitioner submits that the impugned order is unsustainable in law as the Commissioner has examined the matter on the basis of the original return and she should have examined the matter on the basis of the revised return. Mr.M.V.Seshachala, learned Standing Counsel appearing for the respondents submits that the petitioner ought to have filed an application for condonation of the delay in filing the revised return and if the petitioner files an application for condonation of the delay in filing the revised return,

W.P.Nos.11624-625/2012 - 3 - the Commissioner will reconsider the matter in accordance with law. 3. In view of the above, I make the following order: The impugned order dated 19.03.2012 at Annexure-K is set-aside. The petitioner shall file an application for condonation of the delay in filing the revised return. On such filing of the application, the Commissioner shall consider the matter in accordance with law. Petitions disposed of.

Sd/-

JUDGE Yn/ata.