OM PRAKASH SHARMA vs. ADDITIONAL CIT RANGE-1
What did the High Court hold?
The High Court quashed and set aside the notice dated June 19, 2025, issued under Section 148 of the Income-tax Act, 1961. The Court found merit in the petitioner's submission that the notice was issued by the Jurisdictional Assessing Officer (JAO) and not the Faceless Assessing Officer (FAO), aligning with the precedents cited by the petitioner. The Court acknowledged the revenue's submission regarding the pending SLP in the Apex Court concerning the Hexaware Technologies Ltd. case. To balance the interests, the Court quashed the notice with liberty to the revenue to revive it if the Apex Court's decision in the pending SLP impacts the validity of such notices. The operative direction was to quash the notice and dispose of the petition, keeping open the rights and contentions of the parties.
What were the facts?
The petitioner, Om Prakash Sharma, challenged a notice dated June 19, 2025, issued under Section 148 of the Income-tax Act, 1961. The primary contention was that the notice was issued by a Jurisdictional Assessing Officer (JAO) and not a Faceless Assessing Officer (FAO). The respondents, including the Additional CIT Range-1, Bikaner, and the Principal Chief Commissioner of Income Tax (National Faceless Assessment Centre), were arrayed as parties. The assessment year(s) are not explicitly stated in the judgment. The procedural history involves the issuance of the Section 148 notice and the subsequent challenge by the petitioner before the High Court.
What were the issues?
1. Whether a notice under Section 148 of the Income-tax Act, 1961, issued by a Jurisdictional Assessing Officer (JAO) is valid, or if it must be issued by a Faceless Assessing Officer (FAO)? (Question of law) Assessee's Contentions: The petitioner argued that the notice under Section 148 was issued by the JAO and not the FAO, which is contrary to the established legal position. The petitioner relied on the judgments in Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax, Sharda Devi Chhajer Vs. The Income Tax Officer & Another, and Shree Cement Limited Vs. Assistant Commissioner of Income-Tax & Others. Revenue's Contentions: The revenue acknowledged that the notice was issued by the charged JAO. Counsel for the revenue stated that a Special Leave Petition (SLP) has been filed in the Apex Court regarding the Hexaware Technologies Ltd. case, and notice has been issued. The revenue requested that if the Apex Court interferes with the aforementioned judgments, they should be granted liberty to revive the notice issued under Section 148.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 11/09/2025
One of the primary grounds raised is that notice under Section 148 of the Income-tax Act, 1961 has been issued by (Uploaded on 15/09/2025 at 11:58:59 AM) (Downloaded on 27/10/2026 at 11:16:42 PM)
[2025:RJ-JD:40766-DB] (2 of 2) [CW-17285/2025] Income-tax, Circle 15(1)(2), Sharda Devi Chhajer Vs. The Income Tax Officer & Another and Shree Cement Limited Vs. Assistant Commissioner of Income-Tax & Others.
Shri Bissa submitted that in Hexaware Technologies Ltd. (supra), Revenue has preferred a Special Leave Petition and notice has been issued. Counsel states that in view of the law as it stands today, Court may grant the prayer of petitioner but in case the Apex Court interferes with judgment in Hexaware Technologies Ltd. (supra), Sharda Devi Chhajer (supra) or Shree Cement Limited (supra), then Revenue should be given liberty to revive the notice issued under Section 148 of the Act.
Therefore, keeping open rights and contentions of parties, we quash and set aside notice dated 19.06.2025 (Annexure-2) issued under Section 148 of the Act with liberty as prayed.
Petition is disposed of.
Consequently, all pending applications, if any, also stand disposed of. (SANDEEP TANEJA), J (DR. PUSHPENDRA SINGH BHATI),J 9-Ravi Khandelwal Powered by TCPDF (www.tcpdf.org) (Uploaded on 15/09/2025 at 11:58:59 AM) (Downloaded on 27/10/2026 at 11:16:42 PM)
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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