PREM SINGH RAO vs. PRINCIPAL COMMISSIONER OF INCOME TAX (PCIT-CENTRAL) JAIPUR
What did the High Court hold?
The Tribunal held that the notice dated 18.03.2025 issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2022-2023, along with all consequential proceedings, is quashed for lack of jurisdiction. The reasoning was based on the respectful agreement with the view taken by the Division Bench of the Rajasthan High Court in Sharda Devi Chhajer and the Bombay High Court in Hexaware Technologies Ltd., which established that jurisdiction vests exclusively with the Faceless Assessing Officer. Therefore, as long as these judgments hold, notices issued by the Jurisdictional Assessing Officer are legally unsustainable. Liberty was granted to the respondents-Revenue to initiate proceedings afresh through the Faceless Assessing Officer, in accordance with law and subject to limitation and other legal requirements. The Revenue was also granted liberty to act afresh if the Supreme Court reverses, sets aside, or materially modifies the judgments in Hexaware Technologies Ltd. and Sharda Devi Chhajer. The petitioner stated that other grounds were not pressed at this stage.
What were the facts?
The petitioner, Prem Singh Rao, filed a writ petition challenging a notice dated 18.03.2025 issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2022-23. The notice was issued by the Jurisdictional Assessing Officer. The respondents are various authorities of the Income Tax Department, including the Principal Commissioner of Income Tax and the National Faceless Assessment Centre. The respondents, through their counsel, conceded that the issue was covered by previous judgments of the Rajasthan High Court in Sharda Devi Chhajer v. Income Tax Officer & Anr. and the Bombay High Court in Hexaware Technologies Ltd. v. Assistant Commissioner of Income-Tax. These judgments held that notices issued by Jurisdictional Assessing Officers, instead of Faceless Assessing Officers, are without jurisdiction. The Revenue had filed a Special Leave Petition against the Hexaware Technologies Ltd. judgment, and notice had been issued by the Supreme Court.
What were the issues?
1. Whether the notice dated 18.03.2025 issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2022-23, by the Jurisdictional Assessing Officer, is without jurisdiction and legally unsustainable? (Question of law turning on the provisions related to faceless assessment and jurisdiction). Assessee's Contention: The assessee argued that the notice was issued by the wrong authority, as jurisdiction vests with the Faceless Assessing Officer, citing the judgments in Sharda Devi Chhajer and Hexaware Technologies Ltd. Revenue's Contention: The Revenue acknowledged that the controversy was covered by the aforementioned judgments. They conceded that if the court was inclined to allow the petition, liberty should be granted to revive proceedings if the judgments in Hexaware Technologies Ltd. and Sharda Devi Chhajer are set aside or materially modified by the Supreme Court.
Which sections of the Income-tax Act were involved?
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Cause title — parties, addresses and appearances
Order 20/01/2026
The present writ petition is filed against the impugned notice dated 18.03.2025 issued under Section 148 of the Income Tax Act, 1961 for the Assessment Year 2022-23. 2. On a court query, learned counsel for the respondents, at the outset, fairly submits that the controversy in the present writ (Uploaded on 20/01/2026 at 06:43:52 PM) (Downloaded on 28/10/2026 at 12:43:30 AM)
[2026:RJ-JD:3314-DB] (2 of 3) [CW-619/2026] petition is squarely covered by the judgment of this Court in Sharda Devi Chhajer v. Income Tax Officer & Anr.1, which, in turn has followed the similar prior view taken by the Bombay High Court in Hexaware Technologies Ltd. v. Assistant Commissioner of Income-Tax2, wherein it has been held that notices issued by the Jurisdictional Assessing Officer, instead of the Faceless Assessing Officer, are without jurisdiction.
It is further submitted that the Revenue has preferred a Special Leave Petition against the judgment in Hexaware Technologies Ltd. and notice has been issued by the Hon’ble Supreme Court.
Accordingly, learned counsel for the respondent would submit that in case this court is inclined to allow the petition, liberty be granted in favour of the Revenue to revive the proceedings in the event the judgments in Hexaware Technologies Ltd. (supra) and Sharda Devi Chhajer (supra) are set aside or materially modified by the Hon’ble Apex Court. Request seems fair.
We are in respectful agreement with the view taken by Division Bench of this court in Sharda Devi Chhajer (supra) and Hexaware Technologies Ltd. (supra), holding that jurisdiction vests exclusively with the Faceless Assessing Officer. Accordingly, so long the judgments, ibid, continue to hold the field, issuance of notices by the Jurisdictional Assessing Officer is legally unsustainable. 12025 SCC OnLine Raj 3386 22024 SCC OnLine Bom 1249 (Uploaded on 20/01/2026 at 06:43:52 PM) (Downloaded on 28/10/2026 at 12:43:30 AM)
[2026:RJ-JD:3314-DB] (3 of 3) [CW-619/2026]
In the premise, keeping all rights and contentions, as raised herein, the impugned notice dated 18.03.2025 issued under Section 148 of the Income Tax Act, 1961 for A.Y. 2022-2023, along with all proceedings consequential thereto, are quashed for lack of jurisdiction.
Liberty is, however, granted to the respondents-Revenue to initiate proceedings afresh through the Faceless Assessing Officer, in accordance with law within the prevailing statutory framework, subject to compliance of limitation and other legal requirements.
It is clarified that in the event the judgments in Hexaware Technologies Ltd. (supra) and Sharda Devi Chhajer (supra) are reversed/set aside or materially modified by the Hon’ble Supreme Court, the respondent-Revenue shall be at liberty to act afresh in accordance thereof.
In view of the above, learned counsel for the petitioner states that the other grounds raised herein are not pressed at this stage and be kept open to be urged, if required, at an appropriate later stage.
Accordingly, the writ petition stands disposed of.
Pending application, if any, also stands disposed of. (YOGENDRA KUMAR PUROHIT),J (ARUN MONGA),J 14-raksha/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 20/01/2026 at 06:43:52 PM) (Downloaded on 28/10/2026 at 12:43:30 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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