KRISHAN KUMAR JOHRI vs. INCOME TAX OFFICER, WARD SAMANA

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CWP/22672/2024HC Punjab & HaryanaPHHC01119213202409 September 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH3 pages
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What did the High Court hold?

The High Court held that instructions by the Board (circulars) cannot override statutory provisions or make them obsolete. Legislative enactments with financial implications must be mandatorily followed. Exercising powers under Sections 119 and 120 of the Act, as well as Section 144B (7 & 8), cannot allow authorities to usurp legal provisions for their convenience, causing hardship and confusion to assessees. Instructions can only supplement statutory provisions for implementation. Therefore, notices issued by the JAO under Section 148 of the Act, 1961, and proceedings initiated thereafter without conducting faceless assessment as envisaged under Section 144B, were found to be contrary to the provisions of the Act. Consequently, the notices dated 28.02.2023, 16.03.2023, 20.03.2024, and 30.03.2023, along with the notice issued by the Jurisdictional Assessing Officer u/s 148 dated 27.03.2024, and all consequential proceedings, were set aside for want of jurisdiction. The revenue was granted liberty to follow the procedure as laid down under the Act if so advised. The operative direction was to allow the writ petition.

What were the facts?

The petitioner, Captain Kashish Kumar, filed a writ petition challenging notices issued under Section 148 of the Income Tax Act, 1961, and subsequent proceedings. The assessment years are not explicitly stated. The respondents are the Income Tax Officer and other revenue authorities. The petitioner argued that the notices and proceedings were invalid. The High Court had previously dealt with similar issues in other writ petitions, notably Jasjit Singh vs. Union of India and Jatinder Singh Bhangu vs. Union of India, which were decided on 09.07.2024. The present petition was filed in the High Court of Punjab and Haryana at Chandigarh.

What were the issues?

1. Whether notices issued under Section 148 of the Income Tax Act, 1961, and subsequent proceedings, including those conducted under faceless assessment as envisaged by Section 144B, are liable to be set aside for want of jurisdiction, considering prior judicial pronouncements on the validity of such actions when they are contrary to statutory provisions and judicial precedents. Assessee's Contention: The notices and proceedings are invalid and without jurisdiction. The petitioner relies on the High Court's previous decisions in Jasjit Singh vs. Union of India and Jatinder Singh Bhangu vs. Union of India. Revenue's Contention: The revenue's counsel accepted notice and was present. No specific arguments were recorded for the revenue, other than their presence and acceptance of notice.

Which sections of the Income-tax Act were involved?

Section 148,Section 119,Section 120,Section 144B

AI-generated summary — verify with the full judgment below

114 IN TH KRISHAN KU

THE INCOM CAPTAIN KA ROAD, SANG

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* SANJEEV PR

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N 2. M notice on beh 3. B present petitio No.21509 of decided on 29 2024 titled a decided on 19

C i o o HE HIGH COURT OF PUNJA CHANDIGAR

CWP-2 Date of UMAR JOHRI

V ME TAX OFFICER, WARD SAM ARAM SINGH NAGAR, GOBIN GRUR, PUNJAB AND OTHERS HON'BLE MR. JUSTICE SANJ HON'BLE MR. JUSTICE SANJ Mr. Dhruv Mittal and Mr. Rocha for the petitioner. Mr. Amanpreet (A.P.) Singh, Sen for the respondents. ***** RAKASH SHARMA, J. (Oral) Notice of motion. Mr. Amanpreet (A.P.) Singh, Se alf of the respondents/Income Ta Both the counsel are ad idem on stands finally examined and c f 2023 titled as Jasjit Singh vs 9.07.2024, and by the Coordina as Jatinder Singh Bhangu vs. 9.07.2024. This Court in Jasjit Si “16. We are in agreement with Coordinate Bench and hold t instructions by the Board could n override statutory provisions or t obsolete. Legislative enactmen AB AND HARYANA AT RH 22672-2024 (O&M) f Decision:09.09.2024

..…...Petitioners (s) V/s. MANA, INCOME TAX OFFICE, IND PURA COLONY, SUNAM …......Respondent(s) NJEEV PRAKASH SHARMA NJAY VASHISTH ak Singla, Advocates, nior Standing Counsel, enior Standing Counsel, accepts ax Department. that the issue involved in the concluded by this Court in CWP s. Union of India and others, ate Bench in CWP No.15745 of . Union of India and others, Singh (supra) held as under: the view taken by the that such circular or not have been issued to to make them otiose or nts having financial

M ) s e P , f , Suresh Kumar 2024.09.10 09:36 I attest to the accuracy and integrity of this document

CWP-22672-202

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implications are required to be mandatorily. By exercising the Sections 119 and 120 of the A Section 144B (7 & 8), the a allowed to usurp the legal pro satisfaction and convenience ca assessees. It also leaves confusio taxpayers. In the opinion of th and circulars can be issued on supplementing the statutory pro implementation. 17. In view of the aforesaid d occasion to distinguish or take suggested by the learned counse what has already been held by th 18. Keeping in view the law Coordinate Bench (supra), notic under Section 148 of the proceedings initiated thereafter w faceless assessment as envisage of the Act, 1961, have been foun provisions of the Act, 1961 an dated 28.02.2023, 16.03.202 30.03.2023 and order dated 30. for want of jurisdiction. 19. The respondents-revenue w liberty to follow the procedure a Act, 1961 and proceed according 20. All the writ petitions are order passed by the Court shall present order.” Keeping in view above, we a ms. The observations and order p e followed strictly and powers contained in Act, 1961 as well as authorities cannot be ovisions to their own ausing hardship to the on in the minds of the his Court, instructions nly for the purpose of ovisions and for their discussion, there is no e a different view as el for the revenue from he Coordinate Bench. w laid down by the ces issued by the JAO Act, 1961 and the without conducting the ed under Section 144B d to be contrary to the nd accordingly notices 23, 20.03.2024 and 03.2023, are set aside would be, however, at as laid down under the gly, if so advised. allowed. The interim stand merged with the allow this Writ Petition in the passed above shall apply mutatis e s Suresh Kumar 2024.09.10 09:36 I attest to the accuracy and integrity of this document

CWP-22672-202

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September 9, Ess Kay

Whether speak Whether Repor 024 (O&M) Page 3 of 3

he present case. Accordingly, no Officer u/s 148 dated 27.03 l proceedings are set aside. All pending applications also stan [SANJEEV , 2024 [SAN

king / reasoned :

Y rtable

Y otice issued by the Jurisdictional 3.2024 (Annexure P-2), and nd disposed of accordingly.

V PRAKASH SHARMA] JUDGE

NJAY VASHISTH] JUDGE Yes / No Yes / No l d Suresh Kumar 2024.09.10 09:36 I attest to the accuracy and integrity of this document

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