PAVAN AHUJA vs. ASSISTANT COMMISSIONER OF INCOME TAX DCIT
What did the High Court hold?
The High Court disposed of the writ petition in terms of the judgment delivered on 09.06.2022 in W.P.No.33919 of 2021 and batch (M/s.GSR Cold Storage Private Limited v. Income Tax Officer), which was based on the Supreme Court decision in Union of India v. Ashish Agarwal (2022 SCC Online SC 543). The court did not separately address the legality or vires of the Explanations in the notifications. The operative direction was to dispose of the writ petition in terms of the cited judgment. Miscellaneous applications, if any, were to stand closed. There was no order as to costs.
What were the facts?
The petitioner, Pavan Ahuja, filed a writ petition before the High Court for the State of Telangana at Hyderabad. The petition challenged a notice dated 29.06.2021 issued by the Assistant Commissioner of Income Tax (ACIT), Circle 5(1), Hyderabad, under Section 148 of the Income Tax Act, 1961, and the proceedings initiated pursuant thereto. The assessment year in question is 2015-16. The petitioner also sought to declare certain Explanations in Notification No. 20/2021 and Notification No. 38/2021 as illegal and ultra-vires. The petitioner sought a stay on further proceedings related to the impugned notice. The respondents were the ACIT, Principal Commissioner of Income Tax, and the Union of India.
What were the issues?
1. Whether the notice dated 29.06.2021 issued by the ACIT under Section 148 of the Income Tax Act, 1961, and the proceedings initiated pursuant thereto for AY 2015-16 are liable to be quashed? 2. Whether the Explanations in Notification No. 20/2021 dated 31.03.2021 and Notification No. 38/2021 dated 27.04.2021 are illegal and ultra-vires? Assessee's Contention: The petitioner sought to quash the Section 148 notice and proceedings, and to declare the Explanations in the specified notifications as illegal and ultra-vires. The petitioner relied on the Supreme Court decision in Union of India v. Ashish Agarwal (2022 SCC Online SC 543) and a judgment of the High Court in M/s. GSR Cold Storage Private Limited v. Income Tax Officer (W.P.No.33919 of 2021 and batch) delivered on 09.06.2022. Revenue's Contention: The judgment does not record specific contentions from the revenue. However, the revenue was represented by learned counsel.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER
THE HON'BLE THE CHIEF JUSTICE UJJAL BHIIYAN AND THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.18424 of 2o22 Heard Mr. Pasham Mohith, learned counsel for the petitioner; Mr. J.V.Prasad, learned Standing Counsel for Income Tax Department appearing for respondents No.1 and 2 and Mr. Namavarapu Rajeshwar Rao, learned Assistant Solicitor General of India for respondent No.3. 2. It is submitted that the present writ petition 1S covered by the judgment delivered on 09.06.2022 in W.P.No.339 19 of 2021 and batch (M/s.GSR Cold Storage Private Limited v. Income Tax Officer) on the basis ol Agarwal \ I 1 \
Accordingly, the writ petition is disposed ol in terms of the aforesaid judgment. ORDER: Per tte l{on bte tte cttef Jusnce u)tot utason) Supreme Court decision in Union of India v. Ashish | 2022 SCC Online SC 543
Miscellaneous applii:ations pending, if ar-iy, shall stand closed. However, there shal1 be no order as to co/s //II SD/-I.NAGALAKSHMI DEPUTY REGISTRAR SECTION OFFICER I To,
THE ASS|STANT coMMrssroNER oF rNcoME TAX DCrr. circre 5(.r ) Hvdgrgpad' Room No. 344, D-Brock, 3rd Froor, tr rowei, Ac'cr"ii.l'rv(i"uo Tank, Hyderabad
THE PRINCtPAL COMMTSSTONER OF TNCOME TAX, Hyderabad, LB ^ 9lgligT RD, Band g.o-tqlv , Hi[ Fort Road, Hyderabro, i6t"srrJ'_s-dooO+
THE uNroN oF rNDrA thiough tr4nislry of'Firiance, oepartmeit or n-Jv"e"n-ue, Room No. 46, North Block, Niw Delhi : 110 001
One CC tc SRt. PASHAM MOHTTH Advocate [OpUC]
One CC to Sri J.V. Prasad, Senior S.C. for Cdmmercial Tax [OpUCl 6. one cc to Sri Namavarapu Rajeshwara nao, AJsiitani boriin-or-ciLerrr loPUCl
Two CD Copies
One Spare Copy CHR sw \u.- i I
HIGH COIURT DATED:1910712022 ORDER W.P.No.18424 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ftl{'n''o" 1- 2 [ SEP ?[fl- .4 \
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026
- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026