SRl. A v. A. SIVA KARTIKEYA

Counsel for the Respondents: Ms. B. SAPNA REDDY (JUNIOR SC FOR INCOME TAX) The Court made the following: ORDER TIIE IIONOURABLE SRI JUSTICE P.SAM KOSHY AND TIIE HONOURABLE SRIJUSTICE NARSING RAO NANDIKONDA W.P.No.80 tLoF 2025 ORDER, (per Hon'ble Sri fiistice p.Sam Koshy) Heard Mr. A.V.A.Siva Kartikeya, learned counsel for the petitioner and Ms. B.Sapna Reddy, learned Junior Standing Counsel for the lncome Tax Department for respondent Nos.2 and 3. Perused the record.

2. This is a writ petition where the proceedings are either challenged to the notices which were issued under Section l4gA and 148 of the Income Tax Act, 196l (for short ,the Act,) or the assessment orders those have been passed under Section 147 of the Act which have been assailed.

3. This writ petition is being taken up today only on one of the grounds, that the nofices issued under Section l4gA of the Act and thesubsequent initiation ofproceedings under Section l4g of the Act by the jurisdictional Assessing Officer, whereas in terms of the amendurent that was brought to the lncome Tax Act by way of Finance Act, 2021 w.e.f., 01.04.2021 onwards, proceedings 2 under Section 148A of the Act as also under Section 148 of the Act ought to have also been issued and proceeded in a faceless manner.

4. The contention of the petitioner is that the issue of proceedings being in violaliou o-f the Fjnance Act, 202l:-e,'the impugned notices under Section 1484' aud Section 148 ofthe Act not being issued in a faceless manner, have already been dealt with and decided by this Court in the case of KANKANALA RAVINDRA REDDY vs. INCOME-TAX OFFICERT decided ot 14.09 .2023 whereby a batch of writ petitions were allowed and the proceedings initiated under Section 148.4. as also under Section 148 of the Act were held to be bad with consequential reliefs on the ground otit being in violation of theprovisions of Section 151A of the Act read',vith Notification l8l2\22 datd29'03'2022' The said judgment passed by this Court has also been subsequently followed in a large number of writ petitions which were allowed on similar terTns. '[(2023) 156 taxmann.com 178 (Telangana)] N 3

5. Down the line, we find that the same issue has also been decided against the Revenue by various High Courts i.e., by the Bombay High Court in the case of IIEXAWARE TECIINOLOGIES LTD., vs. ASSISTANT COMMISSIONER OF INCOME TAX & OTHERS2, Gauhati High Court in the case of RAM NARAYAN SAH vs. UMON OF INDIA3, punjab and Haryana High Court in the case of JATINDER SINGH BANGU vs. UNION OF INDIA4, and Telangana High Court in the case of SRI VENKATARAMANA REDDY PATLOOLA vs. DEPUTY COMMISSIONER OF, INCOME TAX5 where rhe issue was in respect of internadonal faxafion, Bomtal, High Court in the case of ABHTN ANILKUMAR SHAH vs. INCOME TAX OFFICE& INTERNATIONAL TAXATIOIf which is again on inremational taxation and central circle, High Court of Himachal pradesh in the case of C,OVIND SINGII vs. INCOME TAX OFFICERT, Gujarat High Court in the case of MANSUKHBHAI

2. yzoz+1464 ITR 430 (Bom) '1Q024) I56 raxmann.co. iZa lCuot ati;; ^ l(2024) 165 taxmann.com I 15 @unjab & Haryana)l '[2024) 167 taxmann.com 4l I (Telangana)] " [2024) 166 raxmarur.com 679 @ombay)] '12024) [65 taxmann.com I 13 (Himac#ipradesh)] n 4 DAHYABHAT RADADIYA vs' INCOME TAX OFFICE& WARD 3(3Xr8, Jharkand High Court in the case of SIIYAM SUNDAR SAW vs. UNION OF INDIAe, Rajasthan High Court in the case of SHARDA DEVI CHHAJER vs' INCOME TAX OFFICER & ANOTHER and batch of writ petitionsro which stood decided on 19.03.2024. Similar views have also been taken by the Division Bench of Calcuila High Court in the case of GIRDIIAR GOPAL DALMIA vs' UNION OF INDIA & ORS (M.A.T 1690 of 2023), decided oo25.09'2024'

6. Even though the same issue having been decided by a large number of High Courts, we are stiil confronted with large filing of identical matters on daily basis ranging between 5 to 10 writ petitions. That upon the instructions being sought from the Department, they have been taking a solitary ground that the decision of the Bombay High Court in the case of Hexaware Technologies Ltd., (2 supra) as also the one which has been decided by this Court in the case of Kanakala Ravindra Reddy 82024 SCC online Guj 4012 " 2025 SCC Online lhar 287 'o 7zoz3 RJ- JD :49 84-DB l 5 (1 supra) has been subjected to challenge in a Special teave Petition i.e., SLp No.3574 of 2024 before the Hon,ble Supreme Court and the Hon'ble Supreme Court is seized of the matter. In addition, there are about 1200 SLps also filed arising out of the same issue being decided by various High Courts.

7. To a query being put to the learned counsel for the Revenue, they have categorically accepted the fact that there is no interim order granted by the Hon'ble Supreme Court in any of these matters pending before it. Meanwhile, fresh writ petitions of identical nahrre are being piled up before this Bench on daily basis and the pendency is getting increased on matter which otherwise has already been dealt and decided by this very High Court itself.

8. On the one hand, even though the order of this Court that was passed as early as on 14.09.2023 and more 16 months have lapsed, till date, we do not find any remedial steps having been taken by the lncome Tax Deparfinent to take appropriate steps to either hold back issuance ofnotice under Section l4gA and under Section 148 ol the Acr by the jurisdictional Assessing Officer, rather the authorities concemed in the teeth of series of decisions 6 by all the major High Courts in India are continuously still initiating proceedings under Section t48A of the Act and also initiating proceedings under Section 148 of the Act in contravention to the amendments brought into the Income Tax Act pursuant to the Finance Act, 2020 as also the Finance Act 2021' g. Upon a query being put as to why can't this writ petition be disposed of in the teeth of the decision rendered by this Court in the case of Kanakala Ravindra Reddy (l supra), leamed Standing Counsel for the lncome Tax Department contends that those would unnecessarily burden the Income Tax Department where they would be required to frle equal number of SLPs before the Hon'ble Supreme Court and it would be further burdening the exchequer of the Union of tndia. It was also the contention of the learned Standing Counsel that no prejudice would be caused t0 the interest of the petitioners in case if this writ petition is kept pending till the hnalization of the SLPs pending before the Hon'ble Supreme Court and the fact that the petitioner is already enjoyrng the benefit ofinterim protection. Nonetheless, on the earlier query of this Court as to why the lncome Tax Department have not corne out with a mechanism to issue appropriate instructions or to take appropnate steps in ensuring that proceedings under Section l4gA of the Act as also the assessment orders under Section 14g of the Act are kept in a hold in the light of the decisions dedcided by the various High courts, it was submitted by the learned standing Counsel that the said steps can only be taken at the level of CBDT as any such steps would have to be taken pan India and cannot be limited to any of these jurisdictional High Courts. 10. As a result of which, what we are facing is steep increase of litigation day in and day out even though variousorders have been passed by this High Court allowing writ petitions on the very same issue. The lncome Tax authorities concemed are still even now in 2025 also initiating proceedings in contravention to the provisions of Section l5lA of the Act and as a result by now, more than 600 to 700 petitions have been already got piled up before this High Court on an issue which otherwise stands squarely covered by the judgment of this Court in the case of Kanakola Ravindra Reddy (l supra). What is also surprising is the fact that though while allowing the writ petitions in the case of Kanakala Ravindra Reddy (I supra), the Division Bench while reserving the right of the Revenue, has also protected the interest of the petitionen 8 insofar as the liberty which was granted to the Revenue for initiating fresh proceedings strictly in accordance with the amended provisions of the Act, as amended by the Finance Act' 2020 and the Finance Act,202L. The petitioner assessee would be entitled to challenBe or raise the other tegal objections ifthe Revenue rnitiates fresh proceedings. The Department has made no endeavour in availing the said liberty that was reserved for the Revenue' On the contrary, they have been still sticking on to the stand' which this High Court as well as many other High Courts already held to be bad.

11. It appears that because ofthe aforesaid liberty that this High Court had granted permitting the Revenue for initiating fresh proceedings as a one-time measure in a faceless manner' the Income Tax Department wants to take advantage of the same by protracting these proceedings which would enable them to meet the limitation that would otherwise come in the way' Likewise, if the writ petition is kept pending for a considerable long period of time and finally at a later stage if the Hon'ble Supreme Court confirms the decision taken by this High Court as atso by the other High Courts in which the SLPs are stilt pending, the Income Tax 9 Department would get the advantage of the liberty that is otherwise protected in favour of the Revenue for initiation of fresh proceedings from the disposal of these matters at a much later stage which would be advantageous and beneficiar to the Revenue and would be equally disadvantageous and detrinrental so far as interest of the assesses are concemed. As a consequence, the Income Tax Department gets an extended period of time for initiation of fresh proceedings.

12. The alarming trend of docket explosion in this Court, despite ttre clear precedent set in Kanakala Ravindra Reddy (l supra), is a matter of grave concern. The lncome Tax Department,s persistent initiation of fresh proceedings, disregarding the established judicial pronouncements, has led to an unprecedented surge in litigation with over 600-700 petitions piling up on the same issue. This deliberate approach not only undermines the principle of judicial precedent but also strains the judiciar resources unnecessarily. The Department's strategy of awaiting the Supreme court,s decision on pending SLPs while continuing to initiate fresh proceedings appears to be a calculated move to buy time and circumvent limitation periods, rarher than adhering to the established legal 10 position. Such conduct raises serious questions about the administrative efficiency and the respect for judicial pronouncements, particularly when this Court has already provided a balanced approach by presewing both the Revenue's rights and assesses interests.

13. Another aspect which needs to be considered is that in fact it should have been realized by the Income Tax Department itself and should have found out via media in ensuring that proceedings under Sections 148-4 and 148 should not have been issued in a faceless manner, at least till the Hon'ble Supreme Court decide the twelve hundred (1200) odd SLPs which it is already seized of cr' at least the Income Tax Department should have found out sorne remedial steps to ensure that wherever the authorities intend to initiate proceedings under Sections 148-4 and 148, other than in a faceless manner, the proceedings should have been defened without precipitating the matter further intimating the assessee that they shalt initiate appropriate proceedings only after the SLP's are decided by the Hon'ble Supreme Court on the very same issue' This again, the Income Tax Department, has not been able to give a convincing reply, except for the fact that such a decision if at all l.\' 1-l 11 has to be taken, has to be taken for the whole of India, and which otherwise has to be by way of a policy decision and that too at the level of Central Board of Direct Taxes. Though the leamed Standing counsel for the Income Tax Department contended that the Delhi High Court dismissed a writ petition of similar nature, on the one hand when the High Court is struggling to reduce its pendency, such notices which are under chalrenge in this writ petition are forcing the assessee to knock the doors of this High Court resulting in filing of hundreds of new writ petitions which in the long run not only affects the disposal of the writ petitions but also consumes substantial time of the Bench in heafrng thes_ matters again and again on daily basis. Admittedly, in spite of the matter before the Hon'ble Supreme Court having been taken on many occasions, the Hon'ble Supreme court which is seized of the matter has been reructant in granting any interim protection to the Income Tax Department. yet, the authorities concemed at the State level are not ready to accept the verdict passed by a _ajority of High Courts of different States on the same issue; and to make things further worse, the lncome Tax Department is showing audacity by issuing notices continuously under Sections l4g-A and .V i- t2 148 through the jurisdictional Assessing Officer whereas it ought to have been only in the faceless manner'

14. In the case of BANK OF INDIA vs' ASSISTANT COMIiyIISSIONE& INCOME TAXrr, on an issue whether it was justifiable on thg part o-t -tJr-e IUCome Tax Department in not following an order passed by the adjudicating authority only on the ground that the appeals are pending, the Division Bench of the High Court of Bombay held at paragraph No'25 as under, viz', : "25. Mr. Paridwalla has rightly drawn out aftention to the decision of this Court in Commissioner of lncome Tax vs' Smt' Godavaridevi Sarafl2 as also the recent decision o{ the co- ordinate Bench of this Court in Samp Furniture (P) Ltd' v' lTO13 of which one of us (Justice G.S. Kulkarni) was a member' wherein the Court categorically observed that the Revenue having not "accepted" the judgment of the High Court would not mean that till the same is set aside in a manner known to law, it would loose its binding force. Referring to the decision of the Supreme Court in Union of lndia vs. Kamlakshi Finance Corporation Ltd''4' the Court observed that the approach of the officials of Revenue of treating decisions being "not acceptable" was criticized by the Supreme Court. ln such decision, following are the relevant observations made by the Supreme Court. " 11z0zs1 170 taxmann.com 422 (Bombay)l " 1t9781 1 13 ITR 589 (Bombay) " lz\z+1 165 taxmann.com 581/300 Taxman452 (Bombay) 'o ltggzl taxmann.com 16155ELT 433 (SC) 13 o. >n officers Reddy is perhaps right in saying that the were not actuated by any mala fides h the impugned orders. They passing perhaps genuinely felt that the claim of the assessee was not tenable and that, if it was accepted, the Revenue would suffer. But what Sri Reddy overlooks is that we are not concerned here with the correctness or otheruise of their conclusion or of any factual malafides but with the fact that the officers, in reaching in their conclusion, by_passed two appellate orders in regard to the same issue which were placed before them, one of the Collector (Appeals) and the other of the Tribunal. The High Court has, in our view, r(;hfly criticized this conduct of the Assistant Collectors and the harassment to the assessee caused by the failure of these officers to give effect to the orders of authorities higher to them in the appellate hierarchy. lt Cannot be too vehemenfly emphasized that it is of utmost importance that, in disposing of the quasijudicial issues before them, revenue officers are bound by the decisions of the appellate authorities. The order of the Appellte Collector is binding on the Assistant Collectors working within his jurisdiction and the order of the Tribunal is binding upon the Assistant Collectors and the Appellate Collectors who function under the jurisdiction of the Tribunal. The principles of judicial discipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities. The mere fact that the order of the appellate authority is not "acceptable" to the department - in itself an objectionable phrase _ and is the subject matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent court. lf this healthy t4 rule is not followed, the result will only be unciue harassment to assesses and chaos in administration of tax laws.

12. We have dealt with this aspect at some length' because it has been suggested by the leamed Additional Solicitor General that the observations made 6y the High Court, have been harsh on the officers. lt is clear that the observations of the High Coui't, seemingly vehement, and apparently unpalatable to the Revenue, are only intended to curb a tendency in revenue matters which, if allowed to become widespread, could result in considerable harassment to the assesses-public without any benefit to the Revenue. We would like to say that the department should take these observations in the proper spirit. The observations of the High Court should be kept in mind in future and the utmost regard should be paid by the adjudicating authorities and the appellate authorities to the requirements of judicial discipline and the need for giving effect to the orders of the higher appellate authorities which are binding on them." 15, What is worrying this Bench more is the fact that an endeavour is being made whole heartedly to ensure not to generate further litigation on issues which have been laid to rest by a large number of High Courts all of whom have taken a consistent stand that the action of the Income Tax Department being violative of the .J 15 Finance Act,2020 and Finance Act, 2021. Now, in order to protect the interest ofthe Revenue as also that ofthe assessee, it would be trite at this juncture, if we dispose of the writ perition with an observation/direction that the disposar of the instant writ petition in terms of the judgment rendered by this High Court in the case of Kankanala Ravindra Reddy (l supra) sha, however be subject to the outcome of the SLps which were filed by the Income Tax Department and which is pending consideration before the Hon,ble Supreme Court.

16. In the given facts and circumstances, this Bench is of the considered opinion that unless and until we do not timely dispose of matters which are squarely covered by the decision of this Court and which stands fortified by the decisions of the various other High Courts on the very same issue, the pendency of this High Court would further be burdened which otherwise can be decided and disposed ofas a covered matter.

17. So far as the interest ofthe Revenue is concerned, we are of the considered opinion that the interest ofthe Revenue has already been considered and protected, as has been observed in paragraphs 76 36,37 ari38 ofthe order which, for ready reference, is reproduced hereunder:

36. For all the aforesaid reasons' the impugned notices issued and the proceedings drawn by the respondenl Department is neither tenable' nor sustainable' The notices so issued an9 lLe Plo99-du'ejd-opled per se illegal, deserves to be and are accordingly set aside/quashed. As a consequence' all the impugned orders getting quashed, the consequential orders passed by the respondent-Department pursuant to the notices issued under Section 147 and 148 would also get quashed and it is ordered accordingly' The reason we are quashing the consequential order is on the principles that when the initiation of the proceedings itself was procedurally wrong, the subsequent orders also gets nullified automaticallY'

37. The preiirninary obiection raised by the petitioner is sustained and all these writ petitions stands allo"ved on Since the imPugned notices this very jurisdictional issue quashed on the Point of and orders are getting iurisdiction, we are not inclined to proceed further and decide the other issues raised by the petitioner which stands reserved to be raised and contended in an appropriate Proceedings

38. Since the Hon'ble Supreme Court had' in the case of Ashish Agarwal, supra, as a one-time measure exercising the powers under Article 142 of the Constitution of lndia, permitted the Revenue to proceed under the substituted provisions' and this Court allowing the petitions only on the procedural flaw' the right ^\ n 77 coflfened on the Revenue would remain res€rved proceed further if they so want from the stage of the order of the Suprenre Court in the case of Ashish Agarwal, supra.

18. We would only further like to make observations that since we are inclined to dispose of the instant writ petition, conscious of the fact that the earlier order, of this High Court in the case of Kanakala Ravindra Reddy (l supra) is subjected to challenge before the Hoir'ble Supreme Court in SLp No.3574 of 2024, preferred by the lncome Tax Department, we make it clear that allowing of the instant writ petition is subject b outcorne of the aforesaid SLP preferred by the Revenue against the decision ofthis High Court in the case of Kanakala Ravindra Reddy (l supra). This, in other words, would mean that either of the parties, if they so want, may move an appropriate petition seeking revival of this writ petition in the light of the decision of the Hon,ble Supreme Court in the pending SLp on the very same issue. petition stands allowed in

19. Accordiogly, the instant writ favour of the assessee so far as the issue of jurisdiction is concerned. As a consequence, the impugned notice under challenge under Sections 148-4 and l4E stands set aside/quashed. ( ( 18 C) The consequential orders, if any' also stand set aside/quashed in similar terms as have been passed by this High Court in the case of KankanqlaRavindraRefuly(|supra).Thereshallbenoorderas to costs. Consequently, miscellaneous petitions pending' if any' shall stand closed- //TRUE COPY// SD/- AHMED ABDULLAH KHAN / ASSISTANT REGISTRAR / r,r .- SECTM OFFICER to'1. o.."...ent Unit, lncome Tax Departme{' Nli"l?1.:;l::?i,tigi!?""jll:.' New Dethi, noom u;:'i5t,;ffiF,rl;;, E-R'amp, Jawatrarlal Nehru Stadium, New Delhi - 1'10 003. z. tiu ri6." iri bm""., Krishna Reddy chambers, Hyderabad Road, . ?iTffi::3313t*Jt"gH:l3.ion., oln-^["-rilj Andhra Pradesh and - relanoana. Hvderabad, til;;iG ' 9"' gin rrooi' 'B' Block' l T Towers' 10-2- iliidtJiio.l Hvderabad - 500 004' TelansSna 4 The lncome Tax omcer]ivJJ: i, siooip"t]Lncome Tax office' 8-1-44' 4th " iffi;:'ffi;'ri-";"C;Av c##;'s, irvo'riuao Road' siddipet - 502 103' 5 6 7 Telanoana cin3 ic'6 sRl. A. v- A. slvA KARTIKEYA' {d^v99ate one cc to Ms. B. sApNA"iiiD-diiiui'ltcji sc ron INCoME rAX) [oPUCI . Two CD CoPies BM GJP toPUCl +IIGH COURT DATED:2 410412025 ORDER WP.No.8011 of 2025 1 HE S l A ,-(. O^i ( q g 21 rttc 2$6 q \1,l )l I f,t cr' ALLOWING THE WRIT PETITION WITHOUT COSTS c) /.,5 // /7 /2/