MANOJ SANCHETI vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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CW/22200/2025HC Rajasthan2025:RJ-JD:48519-DB12 November 2025Author: PUSHPENDRA SINGH BHATI, ANUROOP SINGHI6 pages
AI SummaryRemanded

What did the High Court hold?

The Tribunal held that the notice dated March 24, 2024, issued under Section 148 of the Income Tax Act, 1961, and the assessment order dated March 26, 2025, passed under Section 147 of the Act, along with consequential proceedings, were liable to be quashed and set aside. The Court found the facts of the present case to be entirely different from the Gujarat High Court's judgment in Talati and Talati LLP. The Court noted that the Gujarat High Court's decision was based on an understanding that the Faceless Assessing Officer (FAO) does not draw a satisfaction note before issuing a notice under Section 148 in search cases and that pre-requisite conditions under Explanation 2 to Section 148 cannot be fulfilled by an algorithm. However, the Rajasthan High Court disagreed with this reasoning, referencing the Bombay High Court's decision in Abhin Anilkumar Shah, which dealt with CBDT orders creating exceptions for assessment proceedings in Central and International Taxation charges. The Court found that the Gujarat High Court was not made aware of the reasoning in Abhin Anilkumar Shah, which held that the e-assessment scheme notification did not include or reference these exceptions. The Court concluded that the Gujarat High Court's judgment was not based on a reading of the notification along with the CBDT orders, but solely on Explanation 2 to Section 148 and the understanding of FAO's role in search cases, a view the Tribunal respectfully disagreed with. The revenue sought liberty to revive the notice if the Apex Court interfered with the Hexaware Technologies Ltd. judgment, which was granted. The petitioner stated other grounds were not pressed. Consequently, the petition was disposed of with the notice and assessment order quashed and set aside, with liberty granted to the revenue.

What were the facts?

The petitioner, Manoj Sancheti, challenged a notice dated March 24, 2024, issued under Section 148 of the Income Tax Act, 1961, and an assessment order dated March 26, 2025, passed under Section 147 of the Act. The primary ground for challenge was that the notice was issued by the Jurisdictional Assessing Officer (JAO) and not the Faceless Assessing Officer (FAO). The petitioner relied on decisions from the Rajasthan High Court (Shree Cement Limited and Sharda Devi Chhajer) and the Bombay High Court (Hexaware Technologies Ltd.) which held such notices issued by JAO to be invalid. The respondent revenue cited a Gujarat High Court judgment in Talati and Talati LLP, which did not interfere with a similar notice but directed the assessee to reply. The Rajasthan High Court noted factual differences between the present case and the Gujarat High Court's decision.

What were the issues?

1. Whether a notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer (JAO) is invalid, rendering the subsequent assessment order under Section 147 of the Act bad in law? (Question of law) Assessee's Contentions: - The notice dated March 24, 2024, issued under Section 148 and the assessment order dated March 26, 2025, under Section 147 are invalid because the notice was issued by the JAO and not the Faceless Assessing Officer (FAO). - Relied on Shree Cement Limited vs. Assistant Commissioner of Income-Tax & Others (Rajasthan HC), Sharda Devi Chhajer vs. The Income Tax Officer & Anr. (Rajasthan HC), and Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-Tax (Bombay HC), which held notices issued by JAO to be invalid. Revenue's Contentions: - Cited Gujarat High Court judgment in Talati and Talati LLP vs. Office of Assistant Commissioner of Income Tax, wherein the court did not interfere with a notice under Section 148 issued by JAO but directed the assessee to file a reply. - Argued that the Gujarat High Court considered Explanation 2 to Section 148 and the concept of automated allocation under the e-assessment scheme, finding it inapplicable to search and seizure cases under Section 132.

Which sections of the Income-tax Act were involved?

Section 148,Section 147,Section 153A,Section 132,Section 132A,Section 151A

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2025:RJ-JD:48519-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 22200/2025 Manoj Sancheti S/o Shri Dilip Kumar, Aged About 55 Years, 39, Subham Farm, Pal Road, Jodhpur-342008.pan Adsps9674B ----Petitioner Versus The Deputy Commissioner Of Income Tax, Central Circle - 1, Jodhpur Having Its Address At Aayakar Bhawan, Paota C Road, Jodhpur ----Respondent For Petitioner(s) : Mr. Rajat Arora Mr. Dinesh Bothra Mr. Lucky Rajpurohit For Respondent(s) : Mr. K.K. Bissa HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE ANUROOP SINGHI

Order 12/11/2025

1.

Learned counsel for the petitioner submits that petitioner is unhappy with notice dated 24th March 2024 issued under Section 148 of the Income Tax Act, 1961 and assessment order dated 26th March 2025 passed under Section 147 of the Income Tax Act, 1961 (for short ‘the Act’).

2.

Income-Tax & Others (D.B. Civil Writ Petition No.10540/2024, dated 05.08.2025, at Jaipur Bench) and Sharda Devi Chhajer (Uploaded on 12/11/2025 at 04:43:43 PM) (Downloaded on 28/10/2026 at 12:32:32 AM)

[2025:RJ-JD:48519-DB] (2 of 6) [CW-22200/2025] vs. The Income Tax Officer & Anr., reported in 2025 of Income-Tax, Circle 15(1)(2), reported in (2024) 162 held that notification dated 29th March 2022 (prescribing e- assessment scheme) does not cover a case where notice under Section 148 is issued by the JAO, the information received by him in the matter of search and seizure under Section 132 of the Act, 1961, or requisitioned under Section 132A.

5.

The Gujarat High Court has relied on Explanation 2 to Section 148 (as it existed at the relevant time) to approve the contention of the Revenue that the concept of automated allocation, i.e. application of algorithm for randomized allocation of (Uploaded on 12/11/2025 at 04:43:43 PM) (Downloaded on 28/10/2026 at 12:32:32 AM)

[2025:RJ-JD:48519-DB] (3 of 6) [CW-22200/2025] cases by using suitable technological tools including Artificial Intelligence and Machine Learning, as defined in Clause 2(1)(b) of the Scheme dated 29th March 2022, cannot be applied in a case of search and seizure under Section 132. 6. While upholding the said contention the Gujarat High Court was perhaps under an understanding that the FAO does not draw a satisfaction note before proceeding to issue a notice under Section 148 in search cases. The Gujarat High Court has taken cognizance of the contention that pre-requisite conditions before issuance of notice under Section 148, as provided in Explanation 2 of Section 148 would require human application of mind and cannot be fulfilled by algorithm under the Faceless Regime.

7.

The decision of the Division Bench of the Bombay High Court in the case of Hexaware Technologies Ltd. (supra) has been distinguished as having been rendered in a case, which falls within the arena of Explanation 1 to Section 148 and not where Explanation 2 to Section 148 of the Income Tax Act' 1961, would International Tax Ward Circle-4(2)(1), Mumbai and Ors. reported in (2024) 468 ITR 350 (Bom) where the orders dated 31st March 2021 and 06th September 2021 issued by the CBDT creating exception for the assessment proceedings undertaken by the International taxation charges/Central Charges were subject matter of deliberation. (Uploaded on 12/11/2025 at 04:43:43 PM) (Downloaded on 28/10/2026 at 12:32:32 AM)

[2025:RJ-JD:48519-DB] (4 of 6) [CW-22200/2025]

9.

In Abhin Anilkumar Shah (supra) the Court held that said orders dated 31st March 2021 and 06th September 2021 issued by the CBDT only carve out exception in relation to the assessment proceedings. What has been done by order dated 06th September 2021 is to modify the order dated 31st March 2021 to the extent of what is set out in paragraph 3 thereof, namely, that in addition to such exceptions to the applicability of the faceless mechanism to assessment orders in relation to Central Charges and International Tax Charges, an additional exception was added, namely, to the assessment order in cases where pendency could not be created on ITBA because of technical reasons or cases not having a PAN, as the case may be. Thus, the scheme as framed under section 151A and notified under the notification dated 29th March 2022 does not include the applicability, inclusion or even reference to the orders dated 31st March 2021 and 06th September 2021. It was further held that it would be doing violence to the language of the notification/scheme dated 29th March 2022 to read into such notification what has not been expressly provided for and/or something which is kept outside the purview of the said (Uploaded on 12/11/2025 at 04:43:43 PM) (Downloaded on 28/10/2026 at 12:32:32 AM)

[2025:RJ-JD:48519-DB] (5 of 6) [CW-22200/2025] with orders dated 31st March 2021/ 06th September 2021 but is based on the simple reading of Explanation 2 to Section 148 along with understanding that the pre-requisites for issuing notice under Section 148 in search cases cannot be met by the FAO. With due respect, we do not agree.

12.

In these circumstances, notice dated 24th March 2024 issued under Section 148 of the Act and assessment order dated 26th March 2025 passed under Section 147 of the Act along with consequential proceedings are liable to be quashed and set aside.

13.

At this stage, Mr. Bissa submits that in judgment of 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.

14.

In view of above, counsel for petitioner states that other grounds raised are not being pressed upon and they will be taken at appropriate stage, if required.

15.

Therefore, keeping open all rights and contentions of parties, we quash and set aside notice dated 24th March 2024 issued under Section 148 of the Act and assessment order dated 26th March 2025 passed under Section 147 of the Act along with consequential proceedings, with liberty as prayed. (Uploaded on 12/11/2025 at 04:43:43 PM) (Downloaded on 28/10/2026 at 12:32:32 AM)

[2025:RJ-JD:48519-DB] (6 of 6) [CW-22200/2025]

16.

In view of above, learned counsel for the petitioner undertakes to apply within two weeks to withdraw the appeal already filed.

17.

Undertaking accepted.

18.

Petition disposed.

19.

Consequently, all pending applications, if any, also stand disposed. (ANUROOP SINGHI),J (DR.PUSHPENDRA SINGH BHATI),J 110-Arjun/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 12/11/2025 at 04:43:43 PM) (Downloaded on 28/10/2026 at 12:32:32 AM)

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