KAMLESH KUMAR MUNDRA vs. INCOME TAX OFFICER
What did the High Court hold?
The Tribunal allowed the writ petition. Following the reasoning in the case of Sharda Devi Chhajer (supra), the Tribunal held that the impugned notice dated 01.05.2023 issued under Section 148 and the order dated 01.05.2023 issued under Section 148A(d) of the Act of 1961, along with other consequential notices including the notice dated 13.05.2024 for the Assessment Year 2019-2020, were without jurisdiction and therefore quashed. The ratio decidendi is that if a prior judgment of the same court has established a principle regarding the lack of jurisdiction for similar actions, subsequent actions of the same nature should also be set aside based on that precedent. The operative direction was to quash the impugned notices and order.
What were the facts?
The petitioner, Kamlesh Kumar Mundra, challenged a notice dated 01.05.2023 issued under Section 148 of the Income Tax Act, 1961, and an order dated 01.05.2023 passed under Section 148A(d) of the Act. These actions were taken by the Income Tax Officer, Ward-1, Bhilwara, for the assessment year 2019-2020. The petitioner contended that these notices and the order were issued without jurisdiction. The respondent's counsel was unable to dispute the petitioner's submissions. The High Court of Judicature for Rajasthan at Jodhpur heard the matter.
What were the issues?
1. Whether the notice dated 01.05.2023 issued under Section 148 of the Income Tax Act, 1961, and the order dated 01.05.2023 passed under Section 148A(d) of the Act for the assessment year 2019-2020 are without jurisdiction. Assessee's Contention: The petitioner argued that the impugned notice and order were issued without jurisdiction, relying on the decision of this Court in Sharda Devi Chhajer vs. The Income Tax Officer (D.B. Civil Writ Petition No.11787/2024, decided on 19.03.2025). Revenue's Contention: The respondent's counsel was not in a position to dispute the aforesaid position of facts and law presented by the petitioner.
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 09/09/2025
Learned counsel for the petitioner submitted that the impugned notice dated 01.05.2023 issued under section 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act of 1961’) and the order dated 01.5.2023 passed under section 148A(d) of the Act of 1961 by the Income Tax Officer for the assessment year 2019-2020, are without jurisdiction as held by Tax Officer : D.B. CivilWrit Petition No.11787/2024, decided on 19.03.2025. 2. Mr. Bissa, learned counsel for the respondent is not in a position to dispute the aforesaid position of facts and law. (Uploaded on 09/09/2025 at 04:01:40 PM) (Downloaded on 28/10/2026 at 12:28:06 AM)
[2025:RJ-JD:39975-DB] (2 of 2) [CW-12422/2024]
Hence, the present writ petition is allowed.
Following the reasoning given in the case of Sharda Devi Chhajer (supra), the impugned notice dated 01.05.2023 issued under Section 148 (Annexure-5) so also the order dated 01.05.2023 issued under section 148A(d) (Annexure-4) of the Act of 1961 and other consequential notices including notice dated 13.05.2024 for the Assessment Year 2019-2020 are hereby quashed. (SANGEETA SHARMA),J (DINESH MEHTA),J 19-Mak/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 09/09/2025 at 04:01:40 PM) (Downloaded on 28/10/2026 at 12:28:06 AM)
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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