VIJAY KUMAR PERIWAL vs. INCOME TAX OFFICER, WARD 2(3), ABOHAR
What did the High Court hold?
The High Court held that the petitioner would be entitled to the same relief as granted in the judgment dated 10.09.2026 in CWP No.15791 of 2024 (Jyoti Sareen Vs. Union of India and others). Based on this consensus between the parties, the Court allowed the petition. The impugned notice dated 20.06.2025 issued to the petitioner under Section 148 of the Income Tax Act, 1961, along with any consequential proceedings, was quashed. The Court also disposed of all pending miscellaneous applications. The reasoning is based on the agreement of the parties to follow the precedent set in the Jyoti Sareen case. The ratio decidendi is that if parties agree to a specific relief based on a prior judicial pronouncement, the court will grant that relief.
What were the facts?
The petitioner, Vijay Kumar Periwal, filed a writ petition before the High Court of Punjab & Haryana at Chandigarh challenging a notice dated 20.06.2025 issued under Section 148 of the Income Tax Act, 1961, by the Income Tax Officer, Ward 2(3), Abohar. The assessment year(s) are not explicitly stated. The procedural history involves the filing of the writ petition and the subsequent agreement between the parties regarding the relief to be granted. The respondent is the Income Tax Department.
What were the issues?
1. Whether the notice dated 20.06.2025 issued under Section 148 of the Income Tax Act, 1961, and consequential proceedings are liable to be quashed? Assessee's Contention: The petitioner argued that they should be entitled to the same relief as granted in a previous judgment by the same Court in CWP No.15791 of 2024 - Jyoti Sareen Vs. Union of India and others. Revenue's Contention: The respondent, Income Tax Department, agreed with the petitioner's submission that the petitioner should receive the same relief as granted in the aforementioned Jyoti Sareen case. No specific legal provisions or precedents were cited by either party in the judgment itself, other than the reference to the prior case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
(Sr. No.128 )
CWP-29174-2025(O&M)
Date of decision : 17.09.2026 VIJAY KUMAR PERIWAL .....Petitioner
Versus
INCOME TAX OFFICER, WARD 2(3), ABOHAR ` .....Respondent(s)
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE SUNISH BINDLISH
Present : Mr. Abhinav Narang, Advocate and
Ms. Parnika Singla, Advocate for the petitioner.
Ms. Urvashi Dhugga, Senior Standing Counsel,
Mr. Vaibhav Gupta, Junior Standing Counsel and
Ms. Kavita, Advocate for
the respondent(s)-Income Tax Department.
* * * DEEPAK SIBAL, J. (Oral) (1) Learned counsel for the parties agree that the petitioner would also be entitled to the same relief as has been granted through a judgment of this Court dated 10.09.2026 passed in CWP No.15791 of 2024 - Jyoti Sareen Vs. Union of India and others. (2)
In the light of the above consensus, the petition is allowed in terms of Jyoti Sareen’s case (supra), resulting in quashing of the impugned notice dated 20.06.2025 issued to the petitioner under Section 148 of the Income Tax Act, 1961, along with consequential proceedings, if any. (3)
All pending miscellaneous applications, if any, also stand disposed of.
(DEEPAK SIBAL)
JUDGE
2026
( SUNISH BINDLISH ) shamsher/sunil yadav
JUDGE
Whether speaking/reasoned : Yes / No Whether reportable
: Yes / No SHAMSHER SINGH 2026.09.18 16:45 I attest to the accuracy and integrity of this document Punjab and haryana high court, chandigarh
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 Larsen And Toubro Limited vs. Joint Commissioner Of Central GST And Anr.Delhi · 27 Oct 2026
- T C Global INDIA Private Limited vs. Principal Commissioner Of Central GST, North DelhiDelhi · 27 Oct 2026
- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026