SHRI BHOOM SINGH vs. INCOME-TAX OFFICER

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CW/23728/2025HC Rajasthan2025:RJ-JD:52537-DB05 December 2025Author: ACTING CHIEF JUSTICE, BALJINDER SINGH SANDHU4 pages
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What did the High Court hold?

The High Court held that the mandate of Section 151A of the Income Tax Act, 1961, must be strictly followed. It ruled that the Jurisdictional Assessing Officer (JAO) does not have the jurisdiction to issue notices under Section 148 of the Act, as doing so weakens Section 151A and may lead to its diminished activation. The Court found that for assessment and reassessment under Sections 147, 148, and 148A, in light of the sanction under Section 151A, adherence to the algorithm-based random assessing system is mandatory. Consequently, the impugned notices were quashed and set aside concerning the jurisdiction of JAOs to issue them. The Court also held that any circulars or instructions by the Board cannot override statutory provisions or render them obsolete. The Court allowed the writ petition, quashing the notice dated 05.04.2024 and the order dated 05.04.2024 passed under section 148A(d). The respondents were granted liberty to issue fresh notices in compliance with the CBDT Notification dated 29.03.2022, keeping the Faceless Assessing Officer (FAO) as the assessing officer. The time spent during litigation was to be excluded for computing the limitation for fresh notices.

What were the facts?

The petitioner, Shri Bhoom Singh, filed a writ petition challenging notices and an order issued by the Income-Tax Officer, Ward-Phalodi, and the Principal Commissioner of Income Tax, Jodhpur. The challenge was primarily against the jurisdiction of the Jurisdictional Assessing Officer (JAO) to issue notices under Section 148 of the Income Tax Act, 1961, and the subsequent order passed under Section 148A(d). The respondents, represented by Mr. K.K. Bissa, accepted notice and raised preliminary objections. The High Court noted that the issue had been adjudicated by a coordinate bench in a previous case, Sharda Devi Chhajer & Anr. Vs The Income Tax Officer & Anr., decided on 19.03.2025, which dealt with similar challenges to notices issued under Section 148.

What were the issues?

1. Whether notices issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer (JAO) are valid, considering the scheme of automated allocation and random assignment of assessing officers as per Part 2(i)(a) of the relevant scheme and Section 151A of the Act. Assessee's Contention: The notices issued by the JAO are invalid as they do not comply with the faceless assessment scheme and the mandate of Section 151A, which requires algorithm-based random assignment of cases. The JAO lacks the jurisdiction to issue such notices. Revenue's Contention: The revenue raised preliminary objections, but their specific arguments regarding the validity of the notices are not detailed in the judgment. However, the judgment refers to the revenue's suggestion to distinguish the present case from the precedent, which the Court rejected.

Which sections of the Income-tax Act were involved?

Section 148,Section 148A,Section 151A,Section 147,Section 119,Section 120,Section 144B

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2025:RJ-JD:52537-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 23728/2025 Shri Bhoom Singh S/o Shri Bhanwar Singh, Aged About 41 Years, R/o Lal Singh Nagar, Solakiya Tala, Jodhpur (Rajasthan) - 342025. ----Petitioner Versus 1. Income-Tax Officer, Ward- Phalodi, Income-Tax Office, Rai Ka Baag, Pokaran Road, Phalodi (Rajasthan) - 342010 E Phalodi.ito@incometaxgov.in 2. Principal Commissioner Of Income Tax, Jodhpur, Officer Of Income Tax Department, Aayakar Bhawan, Paota C Road, Jodhpur (Rajasthan)- 342010. ----Respondents For Petitioner(s) : Mr. Prateek Gattani For Respondent(s) : Mr. K.K Bissa HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order 05/12/2025

1.

Issue notice.

2.

Mr. K.K Bissa, learned counsel for the respondent accepts notice and has raised preliminary objections.

3.

The issue raised in the present writ petition stands finally adjudicated by a Co-ordiante Bench of this Court in D.B. Civil Writ Petition No.11787/2024: Sharda Devi Chhajer & Anr. Vs The Income Tax Officer & Anr. and other connected writ petitions decided on 19.03.2025, wherein, the Co-ordinate Bench has held as under:

“18. This Court further observes that any jurisdictional error in the notices has to be cured and thus, the notices which have been issued for assessment and reassessment and which are the impugned notices under Section 148 of the Act (Uploaded on 06/12/2025 at 12:16:35 PM) (Downloaded on 28/10/2026 at 12:39:31 AM)

[2025:RJ-JD:52537-DB] (2 of 4) [CW-23728/2025] of 1961, do not withstand the broader scheme of law, which requires automated allocation based on algorithm and random assignment of the assessing officer. Part 2(i)(a) of the Scheme clear demarcates as to how the assessment and reassessment has to take place.

19.

This Court is conscious of the fact that any reform or change for betterment is always resisted by the persons in control, particularly those who do not visualize the pragmatic and progressive paths which require vision and wisdom. The legislature in its own vision and wisdom, for enhancing the efficiency of the taxation system by making it more transparent and impartial, decided to have infused technology in the shape of an algorithm for randomised allocations of cases, by using suitable technological tools, including artificial intelligence and machine learning, with a view to optimise the use of resources. The common tendency to cling to control and old methods has to be dealt with firmly and ways & means including loopholes to fall back upon the old regime of control is an imminent danger which has to be thwarted off. The legislative intention, legislative vision and legislative wisdom has to be given full meaning in terms of technology and progressiveness, and thus, once an effective and strong step has been taken towards faceless regime, then maintaining the strings of local control to the prejudice of a common man would not only undermine the legislative wisdom but the gains in terms of such a progressive and pragmatic step would stand to reduce. Once the gear of progress has been applied in a democratic set up, the same has to be strongly supported and sustained. The CBDT Circular read with Section 151A of the Act of 1961 has to be given full meaning and any ways & means to defeat the technology or to manually try to control the same would go against the legislative purpose.

20.

Thus, this Court holds that the mandate of Section 151A of the Act of 1961 has to be strictly followed as there cannot be a way out of doing the same. This Court also holds that the JAO shall not have the jurisdiction to issue notices under Section 148 of the Act of 1961, as it would not only render Section 151A weak, but may also lead to its diminishing activation. For the purpose of assessment and reassessment under Sections 147, 148 & 148A and in light of the sanction under Section 151A, adherence has to be made to algorithm based random assessing system, and therefore, the impugned notices deserve to be quashed.

21.

Consequently, the present writ petitions are allowed. Accordingly, the impugned Notices are (Uploaded on 06/12/2025 at 12:16:35 PM) (Downloaded on 28/10/2026 at 12:39:31 AM)

[2025:RJ-JD:52537-DB] (3 of 4) [CW-23728/2025] quashed and set aside, as far as the jurisdiction of JAOs for the purpose of Sections 148 & 148A of the Act of 1961 to issue the same is concerned. The question raised herein stands answered in the terms indicated above, with liberty to the respondents to issue fresh notices in compliance of the CBDT Notification dated 29.03.2022, by keeping the FAO as assessing officer.

21.

1 However, the time spent during the pendency of the present litigation in the Court, shall be excluded for the purpose of computing limitation for issuance of fresh notices, in case, need arises.

21.

2 All pending applications stand disposed of.”

4.

One of us (Hon’ble Mr. Justice Sanjeev Prakash Sharma) while sitting at Punjab and Haryana High Court, Chandigarh, passed an order in Civil Writ Petition No.21509/2023 (Jasjit Singh vs. Union of India & Ors.), decided on 29.07.2024 wherein it was held as under:- “16. We are in agreement with the view taken by the Coordinate Bench and hold that such circular or instructions by the Board could not have been issued to override statutory provisions or to make them otiose or obsolete. Legislative enactments having financial implications are required to be followed strictly and mandatorily. By exercising the powers contained in Sections 119 and 120 of the Act, 1961 as well as Section 144B (7 & 8), the authorities cannot be allowed to usurp the legal provisions to their own satisfaction and convenience causing hardship to the assessees. It also leaves confusion in the minds of the taxpayers. In the opinion of this Court, instructions and circulars can be issued only for the purpose of supplementing the statutory provisions and for their implementation.

17.

In view of the aforesaid discussion, there is no occasion to distinguish or take a different view as suggested by the learned counsel for the revenue from what has already been held by the Coordinate Bench.

18.

Keeping in view the law laid down by the Co- ordinate Bench (supra) notices issued by the JAO under Section 148 of the Act, 1961 and the proceedings

initiated

thereafter

without conducting the faceless assessment as envisaged under Section 144B of the Act, 1961, have been found to be contrary to the provisions of the Act, 1961 and accordingly notices dated 28.02.2023, 16.03.2023, 20.03.2024 and 30.03.2023 and (Uploaded on 06/12/2025 at 12:16:35 PM) (Downloaded on 28/10/2026 at 12:39:31 AM)

[2025:RJ-JD:52537-DB] (4 of 4) [CW-23728/2025] order dated 30.03.2023, are set aside for want of jurisdiction.

19.

The respondents-revenue would be, however at liberty to follow the procedure as laid down under the Act, 1961 and proceed accordingly, if so advised.

20.

All the writ petitions are allowed. The interim order passed by the Court shall stand merged with the present order.”

5.

Keeping in view above, the present writ petition is allowed in the aforesaid terms. The observations and order passed above shall apply mutatis mutandis to the present case.

6.

The notice dated 05.04.2024 issued by the Jurisdictional Assessing Officer (J.A.O.) and the order dated 05.04.2024 passed under section 148A(d) stands quashed and set aside.

7.

Pending application(s), if any, also stands disposed. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACJ 4-divyaP/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 06/12/2025 at 12:16:35 PM) (Downloaded on 28/10/2026 at 12:39:31 AM)

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