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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF MARCH 2015
PRESENT
THE HON’BLE MR. JUSTICE K.L. MANJUNATH AND THE HON’BLE MR. JUSTICE P.B. BAJANTHRI W.P.Nos. 47341-350/2014 c/w W. P. No. 52884/2014 (S-CAT)
IN W.P.Nos. 47341-350/2014
BETWEEN:
UNION OF INDIA REPRESENTED BY ITS FINANCE SECRETARY IN CHARGE OF CENTRAL BOARD OF DIRECT TAXES JEEVANDEEP BUILDING PARLIAMENT STREET NEW DELHI-1.
THE CHAIRMAN CENTRAL BOARD OF DIRECT TAXES NORTH BLOCK NEW DELHI-1
THE CHIEF COMMISSIONER OF INCOME TAX BANGALORE-1 CENTRAL REVENUE BUILDINGS QUEEN’S ROAD BANGALORE-1. ... PETITIONERS (BY SRI M. VASUDEVA RAO, ADV.,)
AND
2 1. T. MUDALAGIRIYAPPA S/O SRI THIMMAPPA INCOME TAX OFFICER WARD 2, WARD 1 PB ROAD HAVERI-581110.
RAVISH K.N. S/O SHRI K NARAYANA NAIK INCOME TAX OFFICER WARD 1 RADHIKA PLAZA COURT ROAD, PUTTUR (D K DISTRICT)-574201.
PRKASH H. ALALAGERI S/O SRI HANUMANTHAPPA A .A INCOME TAX OFFICER WARD 3, PARK VIEW BUILDING P G EXTENSION, DAVANAGERE-577001.
Y.M. NAVALGUND S/O SRI MAHADEVAPPA TAX RECOVERY OFFICER RANGE 1 INCOME TAX OFFICE BELGAUM-590001.
PARAMESHWARA M S/O SRI BATYA NAIK M. INCOME TAX OFFICER WARD 1 SANTERI KURUPA BUILDING KAIGA ROAD KARWAR-581301.
D THIPPESWAMY S/O SRI DIVAKARAPPA G INCOME TAX OFFICER WARD 2(2) OFFICE OF JOINT COMMISSIONER OF INCOME TAX RANGE 2 HUDA BUILDING, NAVANAGAR HUBLI-580025.
SMT. NALINI A. W/O SRI PRABHAKRAN
3 INCOME TAX OFFICER WARD 6(3) R P BHAWAN, NRUPATHUNGA ROAD BANGALORE-560001.
RAVI KUMAR S/O LATE SRI DASAPPA INCOME TAX OFFICER WARD 14(1) O/O JOINT COMMISSIONER OF INCOME TAX HMT BHAWAN, GANGANAGAR BELLARY ROAD BANGALORE-560032.
N LOKESHA S/O LATE SRI M NARAYANA INCOME TAX OFFICER, AYAKAR BHAWAN BELUR ROAD HASSAN-573201.
NITYANANDAN R S/O SRI M RAMALINGAM INCOME TAX OFFICER WARD 3(4) O/O JOINT COMMISSIONER OF INCOME TAX RANGE 3 CR BUILDING, NAVANAGAR HUBLI-580025.
SHRI DHEERENDRA M S/O M R RAMACHAR INCOME TAX OFFICER (OSD) O/O ADDITIONAL DIRECTOR OF INCOME TAX (INV) UNIT II, CR BUILDING ANNEX QUEENS ROAD BANGALORE-560001.
SMT HEMA V RAJASEKHAR D/O LATE SRI T S SRINIVASA MURTHY INCOME TAX OFFICER (OSD) O/O ADDITIONAL DIRECTOR OF INCOME TAX RANGE 6, 14/3 RATHROTHAM PARIZHATH BUILDING NRUPATHUNGA ROAD BANGALORE -560001.
SRI V MANJUNATH S/O SRI VEMBASHASTRY
4 INCOME TAX OFFICER (OSD) O/O JOINT COMMISSIONER OF INCOME TAX RANGE 1, NO.55/1 SHILPEESHREE BUILDING OPP STERLING THEATRE VISHWESARANAGAR MYSORE -570001.
SHRI H C SHIVARAMU S/O H K SUBBANNA INCOME TAX OFFICER (OSD) O/O JOINT COMMISSIONER OF INCOME TAX RANGE 1, NO.55/1 SHILPEESHREE BUILDING OPP STERLING THEATRE VISHWESARANAGAR MYSORE -570001.
SRI S V SRINIVASA RAGHAVAN S/O S VENKATACHARI WORKING AS INCOME TAX OFFICER WARD 3(1) UNITY BUILDING ANNEXE MISSION ROAD BANGALORE -560027.
SRI P S SRIDHR S/O LATE SRI P S SAMBAMOORTHY WORKING AS INCOME TAX OFFICER WARD NO.3 PARK VIEW BUILDING NO.284/1, 4TH MAIN P J EXTENSION DAVANAGERE -577002.
MR. H. ZIKRIA BAIG S/O HUSSAINI BAIG WORKING AS INCOME TAX OFFICER (TDS) C.R. BUILDING, DEVRAJ URS LAYOUT DAVANAGERE-577004.
SRI. VILAS PATIL S/O HANUMANTHA RAO WORKING AS INCOME TAX OFFICER
5 TDA, SURESH COMPLEX SANJAY GANDHI NAGAR BELLARY-583104.
MR. S. A. IMMANUEL S/O S.A. RAO, WORKING AS INCOME TAX OFFICER, WARD 1, AYAKAR BHAWAN STAFF ROAD, FORT BELLARY-583102.
SRI. RAGHU K HEBBAR S/O KANTAPPA HEBBAR WORKING AS INCOME TAX OFFICER (TECH) O/O COMMISSIONER OF INCOME TAX C.R. BUILDING, P.B. ROAD NAVANAGAR HUBLI.-580025.
SRI PRASHANT L. KUNDAPUR S/O LAXMINARAYANAN WORKING AS INCOME TAX OFFICER WARD 3 (1), C.R. BUILDING P.B. ROAD, NAVANAGAR HUBLI-580025.
SRI. M.S. RAMASESH S/O MNS RAO WORKING AS TAX RECOVERY OFFICER RANGE 11, 5TH FLOOR, R.P BHAWAN NRUPATHUNGA ROAD BANGALORE-560001.
SMT.SUDHA RAMAKRISHNAN W/O R.L.RAMAKRISHNAN WORKING AS INCOME TAX OFFICER INTERNATIONAL TAXATION WARD II (1) RASHTROTHANA BHAWAN NRUPATHUNGA ROAD BANGALORE-560001.
SMT.B.K SHAILAJA W/O M.G.VIJAYENDRA WORKING AS TAX RECOVERY OFFICER INTERNATIONAL TAXATION
6 RASHTROTHANA BHAWAN NRUPATHUNGA ROAD BANGALORE-560001.
SRI.H R NAGESH S/O H.B.RANGANATHA WORKING AS INCOME TAX OFFICER WARD 6(4), RASHTROTHANA BHAWAN NRUPATHUNGA ROAD BANGALORE-560001.
SRI.MALI D.SHIVAPPA S/O DHONDAPPA MALI WORKING AS INCOME TAX OFFICER WARD 6(1), RASHTROTHANA BHAWAN NRUPATHUNGA ROAD BANGALORE-560001.
SMT.K.J.SATYAVATHI W/O M.GURUBASAVRAJ, WORKING AS TAX RECOVERY OFFICER RANGE 5, UNITY BUILDING ANNEX MISSION ROAD BANGALORE-560027.
SMT.M.V. GOWTHAMI D/O M.V.RAMANA C/O DR.RAJ KUMAR NO.268, N.P. STREET, CONTONMENT NEAR COMMERCIAL STREET BANGALORE-560001.
SRI. M.BAGYARAJ S/O LATE C.MUTHUSWAMY WORKING AS TAX RECOVERY OFFICER (LTU) JSS TOWERS, 100FT RING ROAD BSK II STAGE BANGALORE-560085.
SRI.M.N.G.MAHENDAR SINGH S/O LATE M.H.GOVIND SINGH WORKING AS COMMISSIONER OF INCOME TAX (ITAT)-II, SANTHOSH COMPLEX KG ROAD
7 BANGALORE-560009.
SMT.SANDHYA ANIL W/O ANIL P.K. WORKING AS INCOME TAX OFFICER WARD 14(4), HMT BHAWAN, BELLARY ROAD BANGALORE-560032.
SMT.K.BHOOMA W/O B.PARTHASARATHY WORKING AS INCOME TAX OFFICER WARD 15(1), HMT BHAWAN, BELLARY ROAD BANGALORE -560032.
SMT.M.LATHA W/O K.MURALEEDHARAN WORKING AS INCOME TAX OFFICER WARD 13(4), HMT BHAWAN BELLARY ROAD BANGALORE-560032.
SRI.P.KRISHNAMOORTHY S/O LATE RAHAVANEDRA RAO P WORKING AS INCOME TAX OFFICER WARD 1(2), CR BUILDING ATTAVARA MANGALORE-575001.
SRI.Y.RAMESH W/O Y.SATHYANARAYANA WROKING AS INCOME TAX OFFICER WARD 1(3), C.R.BUILDING ATTAVARA MANGALORE- 575001. ... RESPONDENTS
(BY SRI P.A.KULKARNI, ADV., FOR R1 TO R5 & R7 TO R10)
*** WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTERIM ORDER DTD.18.6.2014 PASSED BY THE TRIBUNAL IN O.A.NO.854-63/2013 VIDE ANNEX-E AND ETC.,
IN W. P. No. 52884/2014
BETWEEN:
UNION OF INDIA REPRESENTED BY ITS FINANCE SECRETARY IN-CHARGE OF CENTRAL BOARD OF DIRECT TAXES JEEVANDEEP BUILDING PARLIAMENT STREET NEW DELHI-1.
THE CHAIRMAN CENTRAL BOARD OF DIRECT TAXES NORTH BLOCK NEW DELHI-1
THE CHIEF COMMISSIONER OF INCOME TAX BANGALORE-1 CENTRAL REVENUE BUILDINGS QUEEN’S ROAD BANGALORE-1. ... PETITIONERS
(BY SRI M. VASUDEVA RAO, ADV.,)
AND
SHRI M.AJJANNA S/O MARAPPA AGED ABOUT 39 YEARS INSPECTOR OF INCOME TAX O/o I.T.O., TDS WARD DEVARAJ URS LAYOUT DAVANGERE-577006. ... RESPONDENT
(BY SRI R.SHASHIDHARA, ADV.,)
WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
9 IMPUGNED ORDER DTD.16.7.2014 PASSED BY THE TRIBUNAL IN O.A.NO.1222/2013 VIDE ANNEX-D AND ETC.,
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING THIS DAY, MANJUNATH, J. DELIVERED THE FOLLOWING:
ORDER
Order called in question in these petitions has been set aside by this court in connected writ petitions and the matter has been remanded to the Central Administrative Tribunal, Bangalore for fresh consideration within a period of three months keeping open all contentions of all the parties. Therefore, counsel for the parties submit that these writ petitions may also be disposed of remanding the matter to the tribunal for fresh consideration in accordance with law keeping open all the contentions.
In view of the submissions of the counsel for the parties, these petitions are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
R/SM