NILESH MODI vs. INCOME TAX OFFICER

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CW/12644/2023HC Rajasthan2025:RJ-JD:37681-DB22 August 2025Author: K.R. SHRIRAM, SANDEEP TANEJA2 pages
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What did the High Court hold?

The High Court quashed and set aside the notice dated 11.04.2023 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 JAO and not the FAO, a point extensively dealt with in the cited precedents. The court acknowledged the revenue's submission regarding the possibility of Supreme Court intervention in the cited cases and, therefore, granted liberty to the revenue to revive the notice if such an event occurred. The court clarified that the petitioner did not press other grounds raised in the petition. The petition was disposed of with these directions, keeping open all rights and contentions of the parties.

What were the facts?

The petitioner, Nilesh Modi, challenged a notice issued under Section 148 of the Income Tax Act, 1961. The primary contention was that the notice was issued by the Jurisdictional Assessing Officer (JAO) and not by a Faceless Assessing Officer (FAO). The respondent is the Income Tax Officer, Ward-1(2), Jodhpur. The notice in question was dated 11.04.2023. The High Court noted that the petitioner's submission regarding the issuing authority was correct and had been dealt with in previous judgments. The revenue acknowledged the existing legal position but sought liberty to revive the notice if the Supreme Court were to interfere with the precedents.

What were the issues?

1. Whether a notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer (JAO) instead of a Faceless Assessing Officer (FAO) is valid? (Question of law) Assessee's Contention: The assessee argued that the notice under Section 148 was invalid because it was issued by the JAO and not the FAO, citing judgments in Hexaware Technologies Ltd. Vs. Assistant Commissioner of 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. Revenue's Contention: The revenue acknowledged that the court might grant the petitioner's prayer based on the current legal position. However, the revenue requested liberty to revive the notice issued under Section 148 if the Supreme Court were to interfere with the aforementioned judgments.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2025:RJ-JD:37681-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 12644/2023 Nilesh Modi S/o Jinendra Nath Modi, Aged About 43 Years, R/o Behind The Oswal Nayati Ka Nohara Modi Street Jodhpur 342001 Rajasthan India. ----Petitioner Versus Income Tax Officer, Ward-1(2), Jodhpur, Aayakar Bhawan, Paota C Road, Jodhpur, Rajasthan 342010. ----Respondent For Petitioner : Mr. Mahendra Gargieya, through V.C. Mr. Jaideep Singh Saluja For Respondent : Mr. K.K. Bissa HON'BLE THE CHIEF JUSTICE MR. K.R. SHRIRAM HON'BLE MR. JUSTICE SANDEEP TANEJA

Order 22/08/2025

1.

Counsel for petitioner states that one of the primary grounds raised is that notice under Section 148 of the Income Tax Act, 1961 has been issued by Jurisdictional Assessing Officer (JAO) and not Faceless Assessing Officer (FAO).

2.

Indisputably, the notice to petitioner has been issued by the JAO and not FAO.

3.

Counsel for petitioner is correct in submitting that this issue has been extensively dealt with in Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax, Circle 15(1) (2)1, Sharda Devi Chhajer Vs. The Income Tax Officer & Commissioner of Income-Tax & Others3. 1 [2024] 162 taxmann.com 225 (Bombay) 2 2025 SCCOnLine Raj 3386 3 DB Civil Writ Petition No.10540/2024, dated 05.08.2025 at Jaipur Bench (unreported) (Uploaded on 26/08/2025 at 02:37:45 PM) (Downloaded on 28/10/2026 at 12:26:48 AM) [2025:RJ-JD:37681-DB] (2 of 2) [CW-12644/2023]

4.

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.

5.

Therefore, keeping open all rights and contentions of parties, we quash and set aside notice dated 11.04.2023 issued under Section 148 of the Act with liberty as prayed.

6.

In view of above, we also clarify that petitioner did not press other grounds.

7.

Petition disposed.

8.

Consequently, all pending applications, if any, also stand disposed. (SANDEEP TANEJA),J (K.R. SHRIRAM),CJ 9-MohitTak/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 26/08/2025 at 02:37:45 PM) (Downloaded on 28/10/2026 at 12:26:48 AM)

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