D.M. COLLEGE MOGA vs. INCOME TAX OFFICER AND OTHERS
What did the High Court hold?
The High Court, in light of the consensus between the parties and following the precedent set in Jyoti Sareen's case (supra), allowed the petition. The Court quashed the impugned notice issued to the petitioner under Section 148 of the Income Tax Act, 1961, and any consequential proceedings. The reasoning was based on the agreement of both parties to extend the relief granted in the cited case. The operative direction was to quash the notice and proceedings. No issues were expressly left undecided.
What were the facts?
The petitioner, D.M. College Moga, filed a writ petition challenging a notice issued under Section 148 of the Income Tax Act, 1961, and consequential proceedings. The petitioner sought relief similar to that granted in a previous case, CWP-15791-2024 – Jyoti Sareen vs. Union of India and others. The respondents are the Income Tax Department. The matter was heard by the High Court of Punjab and Haryana at Chandigarh.
What were the issues?
1. Whether the petitioner is entitled to the same relief as granted in CWP-15791-2024 – Jyoti Sareen vs. Union of India and others, concerning a notice issued under Section 148 of the Income Tax Act, 1961, and consequential proceedings? (Question of law and fact, concerning Section 148 of the Income Tax Act, 1961). Assessee's Contention: The petitioner argued that they should be entitled to the same relief as has been granted to the petitioner in the case of Jyoti Sareen (supra). Revenue's Contention: The judgment records that the learned counsel for the parties agreed to the same relief as has been granted in Jyoti Sareen's case. No specific arguments were recorded for the revenue beyond this consensus.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
220 220 220 220
IN T IN T IN T IN T
D.M. COLLEG D.M. COLLEG D.M. COLLEG D.M. COLLEG INCOME TAX INCOME TAX INCOME TAX INCOME TAX
CORAM: CORAM: CORAM: CORAM: HO HO
HO HO
Present : M M for **
DEEPAK SIB DEEPAK SIB DEEPAK SIB DEEPAK SIB
Le also be entitled this Court date Union of India
In terms of Jyoti notice dated 0 Income Tax Ac
09 14.09 14.09 14.09.2026 .2026 .2026 .2026 Vandana yadav
THE HIGH COURT OF PUNJA THE HIGH COURT OF PUNJA THE HIGH COURT OF PUNJA THE HIGH COURT OF PUNJA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH
CW CW CW CW Da Da Da Da
GE MOGA GE MOGA GE MOGA GE MOGA
VERSUS VERSUS VERSUS VERSUS X OFFICER AND OTHERS X OFFICER AND OTHERS X OFFICER AND OTHERS X OFFICER AND OTHERS ON'BLE MR. JUSTICE ON'BLE MR. JUSTICE ON'BLE MR. JUSTICE ON'BLE MR. JUSTICE DEEP DEEP DEEP DEEP ON’BLE MR. JUSTICE SUNI ON’BLE MR. JUSTICE SUNI ON’BLE MR. JUSTICE SUNI ON’BLE MR. JUSTICE SUNI Mr. Rohit Kaura, Advocate, for the Mr. Ranvijay Singh, Sr. Standing C r the respondents-Income Tax D *** BAL AL BAL AL, J. , J. , J. , J.(O (O (O (Oral ral ral ral) earned counsel for the parties a d to the same relief as has been ed 10.09.2026 passed in CWP- a and others. n the light of the above consen i Sareen’s case (supra), resulting 06.04.2023 issued to the petitio ct, 1961 alongwith consequential
Whether speaking/reasoned. : Ye Whether Reportable. : Ye
AB AND HARYANA AB AND HARYANA AB AND HARYANA AB AND HARYANA H WP WP WP WP-11659 11659 11659 11659-2024 2024 2024 2024 ate of Decision : ate of Decision : ate of Decision : ate of Decision : 14.09. 14.09. 14.09. 14.09.2026 2026 2026 2026
...PETITIONER ...PETITIONER ...PETITIONER ...PETITIONER
...RESPONDENTS ...RESPONDENTS ...RESPONDENTS ...RESPONDENTS PAK SIBAL PAK SIBAL PAK SIBAL PAK SIBAL ISH BINDLISH ISH BINDLISH ISH BINDLISH ISH BINDLISH e petitioner. Counsel epartment.
agree that the petitioner would n granted through a judgment of -15791-2024 – Jyoti Sareen vs. nsus, the petition is allowed in g in quashing of the impugned oner under Section 148 of the l proceedings, if any. (DEEPAK SIBAL DEEPAK SIBAL DEEPAK SIBAL DEEPAK SIBAL)
JUDGE JUDGE JUDGE JUDGE (SUNISH BINDLISH) (SUNISH BINDLISH) (SUNISH BINDLISH) (SUNISH BINDLISH)
JUDGE JUDGE JUDGE JUDGE es/No es/No d f . n d e VANDANA YADAV 2026.09.17 15:25 I attest to the accuracy and integrity of this document
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
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