KASHISH MAKKAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX ( CENTERAL)

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CW/22198/2025HC Rajasthan2025:RJ-JD:48762-DB13 November 2025Author: VINIT KUMAR MATHUR, BIPIN GUPTA2 pages
AI SummaryRemanded

What did the High Court hold?

The High Court, in agreement with the parties, disposed of the writ petition in terms of the order passed in M/s Jagtamba Timber Mart (supra). The notice dated March 24, 2024, issued under Section 148 of the Income Tax Act, 1961, and the assessment order dated March 21, 2025, passed under Section 147 of the Act, along with consequential proceedings, were quashed and set aside. The Court granted liberty to the revenue to revive the notice issued under Section 148 if the Apex Court interfered with the judgments in Hexaware Technologies Ltd. (supra), Sharda Devi Chhajer (supra), or Shree Cement Limited (supra). The petitioner undertook to withdraw the appeal already filed within two weeks. All rights and contentions of the parties were kept open. The petition was disposed of, and consequently, all pending applications were also disposed of.

What were the facts?

The petitioner, Kashish Makkar, filed a writ petition challenging a notice dated March 24, 2024, issued under Section 148 of the Income Tax Act, 1961, and an assessment order dated March 21, 2025, passed under Section 147 of the Act. The respondents are various income tax authorities. The High Court noted that the controversy was covered by a previous judgment of a coordinate bench in D.B. Civil Writ Petition No.22164/2025 (M/s. Jagtamba Timber Mart Vs. The Deputy Commissioner of Income Tax), decided on November 12, 2025. In that case, the notice under Section 148 and the assessment order under Section 147, along with consequential proceedings, were quashed and set aside.

What were the issues?

1. Whether the notice dated March 24, 2024, issued under Section 148 of the Income Tax Act, 1961, and the assessment order dated March 21, 2025, passed under Section 147 of the Act, along with consequential proceedings, are liable to be quashed and set aside. Assessee's contention: The petitioner's counsel agreed that the controversy was covered by a coordinate bench's judgment in a similar case, implying acceptance of the relief granted in that judgment. The petitioner stated that other grounds raised were not being pressed and would be taken up at an appropriate stage if required. Revenue's contention: The revenue's counsel submitted that a Special Leave Petition (SLP) had been preferred against the judgment in Hexaware Technologies Ltd. (supra), and notice had been issued. The revenue requested liberty to revive the notice issued under Section 148 if the Apex Court interfered with the judgments in Hexaware Technologies Ltd. (supra), Sharda Devi Chhajer (supra), or Shree Cement Limited (supra).

Which sections of the Income-tax Act were involved?

Section 148,Section 147

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2025:RJ-JD:48762-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 22198/2025 Kashish Makkar S/o Shri Mahesh Makkar, Aged About 27 Years, R/o 82, F Block, Sri Ganganagar, 335001, Rajasthan. ----Petitioner Versus 1. Principal Commissioner Of Income Tax ( Centeral), Jaipur, (Pcit Jaipur) 4Th Floor, Jeevan Nidhi-2, Bhawani Singh Road, Ambedker Circle, Jaipur 302005. 2. Principal Commissioner Of Income Tax (National E- Assessment Center), 4Th Floor, Mayur Bhawan, Cannaught Circus, New Delhi-110003. 3. Central Board Of Direct Taxes, Cbdt Headquarters North Block (Department Of Revenue), New Delhi- 110001. 4. Assistant Commissioner Of Income Tax, Central Circle, Bikaner-334001. ----Respondents For Petitioner(s) : Mr. Kalpit Shishodia with Mr. Dinesh Kumar Bishnoi for Mr. Sharad Kothari For Respondent(s) : Mr. KK Bissa HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE BIPIN GUPTA

Order 13/11/2025

1.

Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by the judgment rendered by a coordinate Bench of this Court in D.B. Civil Writ Petition No.22164/2025 (M/s. Jagtamba Timber Mart Vs. The Deputy Commissioner of Income Tax) decided on 12.11.2025 in the following terms:- “12. In these circumstances, notice dated 24th March 2024 issued under Section 148 of the Act and (Uploaded on 14/11/2025 at 09:53:41 AM) (Downloaded on 28/10/2026 at 12:32:42 AM)

[2025:RJ-JD:48762-DB] (2 of 2) [CW-22198/2025] assessment order dated 21th 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 the above, counsel for the 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 21th March 2025 passed under Section 147 of the Act along with consequential proceedings, with liberty as prayed.

16.

In view of the 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.”

2.

In view of the submissions made before this Court, the present Writ Petition is also disposed of in terms of the order passed in M/s Jagtamba Timber Mart (supra). (BIPIN GUPTA),J (VINIT KUMAR MATHUR),J 96-nitin/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 14/11/2025 at 09:53:41 AM) (Downloaded on 28/10/2026 at 12:32:42 AM)

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