KRITIKA MITTAL vs. CENTRAL BOARD OF DIRECT TAXES, NORTH BLOCK- NEW DELHI AND OTHERS
What did the High Court hold?
The High Court held that the revenue's concession, based on the Supreme Court's decision in Union of India and others vs. Ashish Agarwal (2023) 1 SCC 617, was acceptable. Consequently, the impugned notice dated 30.03.2021, issued for the assessment year 2013-14, was to be treated as a notice under Section 148A(b) of the Income-tax Act, 1961. The Court disposed of the petition with a direction to the respondents-revenue to proceed from the stage of the notice under Section 148A(b) of the Act, following the prescribed procedure. The petitioner was granted liberty to raise all available pleas and defenses during these proceedings. No issue was left undecided.
What were the facts?
The petitioner, Kritika Mittal, filed a writ petition before the High Court of Punjab & Haryana challenging a notice dated 30.03.2021, issued under Section 148 of the Income-tax Act, 1961, for the assessment year 2013-14. The notice was dispatched to the petitioner on or after 01.04.2021. The respondents are the Central Board of Direct Taxes and others, representing the Income Tax Department. The procedural history involves the issuance of the impugned notice and the subsequent filing of the writ petition by the assessee.
What were the issues?
1. Whether the notice dated 30.03.2021, issued under Section 148 of the Income-tax Act, 1961, for the assessment year 2013-14, dispatched on or after 01.04.2021, should be treated as a notice under Section 148A(b) of the Act? The revenue contended that in terms of the law laid down by the Supreme Court in Union of India and others vs. Ashish Agarwal (2023) 1 SCC 617, the impugned notice should be treated as a notice under Section 148A(b) of the Act. The petitioner's counsel conceded to this position, finding it satisfactory.
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. 279 (21)
CWP No.2748 of 2022 (O&M)
Date of decision: 30.04.2026
Kritika Mittal .....Petitioner
Versus
Central Board of Direct Taxes and others .....Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MS. JUSTICE LAPITA BANERJI
Present : Mr. Pankaj Jain, Senior Advocate with Ms. Divya Suri, Advocate for the petitioner.
Mr. Ranvijay Singh, Senior Standing Counsel,
Mr. Vidul Kapoor, Junior Standing Counsel and
Ms. Nikita Garg, Junior Standing Counsel
for the respondent(s)-Income Tax Department.
* * *
DEEPAK SIBAL, J. (Oral) (1)
At the outset, learned counsel for the revenue concedes that in terms of the law laid down by the Supreme Court in Union of India and others vs. Ashish Agarwal (2023) 1 SCC 617, the impugned notice dated 30.03.2021, dispatched to the petitioner on or after 01.04.2021, for the assessment year 2013- 14, under Section 148 of the Income-tax Act, 1961 (for short-the Act) be treated as notice under Section 148A(b) of the Act. (2)
The above concession satisfies learned counsel for the petitioner. Accordingly, the present petition is disposed of with a direction to the respondent(s)-revenue to proceed from the stage of the afore notice, in terms of the procedure laid down under Section 148A(b) of the Act. (3)
Needless to add that in the course of the afore proceedings the petitioner shall be at liberty to raise all possible pleas/defences that may be available to her, in accordance with law.
( DEEPAK SIBAL )
JUDGE
30.04.2026
( LAPITA BANERJI ) sunil yadav
JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No SUNIL YADAV 2026.05.05 12:24 I attest to the accuracy and authenticity of this order. 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 Surya Prakash Aroma vs. State Of Uttar Pradesh And 2 OthersAllahabad · 27 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026
- M/S. V J Petro Products vs. The Deputy Assistant Commissioner (St) - IiiAndhra Pradesh · 27 Oct 2026
- M/S Asian Aura vs. Government Of Nct Of Delhi And Ors.Delhi · 27 Oct 2026
- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026