JAGTAR SINGH vs. CENTRAL BOARD OF DIRECT TAXES AND ORS

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CWP/1526/2025HC Punjab & HaryanaPHHC01009056202521 January 2025Bench: MR. JUSTICE ARUN PALLI,MRS. JUSTICE SUDEEPTI SHARMA2 pages
AI SummaryRemanded

What did the High Court hold?

The High Court allowed the writ petition, disposing of it in terms of the judgments in Jatinder Singh Bhangu's case and Jasjit Singh's case. In those cited cases, a Co-ordinate Bench had allowed similar writ petitions on the same issue, granting liberty to the revenue to follow the procedure laid down under the Act, 1961, and proceed accordingly if so advised. The reasoning was based on the petitioner's contention that the issuing authority lacked jurisdiction due to the CBDT circular dated 29.03.2022, which was not disputed by the revenue. The ratio decidendi is that notices issued under Section 148 of the Act, 1961, by an authority without the prescribed jurisdiction, as per relevant CBDT circulars, are liable to be quashed. The operative direction was to dispose of the petition in terms of the aforementioned judgments, implying the quashing of the impugned notice and consequential proceedings, with liberty to the revenue to initiate fresh proceedings if permissible.

What were the facts?

The petitioner, Jagtar Singh, challenged a notice dated 05.04.2023, issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2016-2017. The petitioner argued that the issuing authority lacked jurisdiction, citing a CBDT circular dated 29.03.2022 which allegedly vested exclusive power to issue such notices in the National Faceless Assessment Centre (NFAC). The respondent-Union of India did not dispute the petitioner's contention regarding the applicability of previous judgments. The High Court of Punjab and Haryana at Chandigarh considered the matter.

What were the issues?

1. Whether the notice dated 05.04.2023, issued under Section 148 of the Income Tax Act, 1961, for AY 2016-2017, is invalid due to lack of jurisdiction of the issuing authority, in light of the CBDT circular dated 29.03.2022. (Question of law and fact, concerning Section 148 of the Act). Assessee's contention: The petitioner argued that the notice was issued without jurisdiction by the concerned authority, as the CBDT circular dated 29.03.2022 stipulated that the NFAC has exclusive power to issue notices under Section 148 of the Act. The petitioner relied on the judgments in Jatinder Singh Bhangu vs. Union of India and others (CWP No. 15745-2024) and Jasjit Singh vs. Union of India and others (CWP No. 21509-2023). Revenue's contention: The learned counsel for the Union of India did not dispute the petitioner's contention.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

CWP-1526-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 129 CWP-1526-2025 (O&M) Date of Decision:-21.01.2025 Jagtar Singh ....Petitioner Vs. CBDT New Delhi & ors. ...Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Ms.Divya Suri, Advocate for the petitioner Mr. Saurabh Kapoor, Sr. Standing counsel with Ms. Muskan Gupta, Advocate for the respondent-Union of India. *** SUDEEPTI SHARMA, J. 1. Challenge in the instant writ petition is to notice dated 05.04.2023 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and conseuqential proceedings, for AY 2016-2017. 2. Learned counsel for the petitioner contends that the issue involved in the present writ petition is covered by the judgment passed by a Co-ordinate Bench of this Court in the cases of Jatinder Singh Bhangu vs. Union of India and others, passed in CWP No. 15745-2024 and connected matter, decided on 19.07.2024 and Jasjit Singh vs. Union of India and others (CWP No. 21509-2023 and other connected matters), decided on 29.07.2024 . 3. Learned counsel appearing for Union of India has also not disputed the same. Gaurav Arora 2025.01.27 11:14 I attest to the accuracy and integrity of this document

CWP-1526-2025 2 4. We have heard learned counsel for the parties and perused the whole records of the case. 5. The petitioner has challenged the notice dated 05.04.2023 issued under Section 148 of the Act, 1961, for AY 2016-2017 issued by respondent No. 1, on the ground that he had no jurisdiction to issue the same, in view of the circular/notification dated 29.03.2022 of the CBDT, wherein, it has been specifically enumerated that the NFAC has exclusive power to issue the notice under Section 148 of the Act, 1961. 6. A Co-ordinate Bench of this Court in Jatinder Singh Bhangu’s case (supra) and Jasjit Singh’s case (supra), allowed the writ petitions on the same issue, as raised in the present writ petition, by granting liberty to the revenue to follow the procedure as laid down under the Act, 1961 and proceed accordingly, if so advised. 7. In view of the above, the present writ petition is disposed of, in terms of Jatinder Singh Bhangu’s case (supra), decided on 19.07.2024 and Jasjit Singh’s case (supra), decided on 29.07.2024 8. All the pending applications, if any, also stand disposed of. (ARUN PALLI) (SUDEEPTI SHARMA) JUDGE JUDGE 21.01.2025

Gaurav Arora

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.01.27 11:14 I attest to the accuracy and integrity of this document

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