VINOD KUMAR vs. INCOME TAX OFFICER WARD NO 2 (3) ABOHAR AND OTHERS
What did the High Court hold?
The High Court allowed the petitioner's request to withdraw the writ petition. The court granted the petitioner liberty to file a fresh petition on the same cause of action. Furthermore, the petitioner was granted liberty to challenge Section 147A of the Income Tax Act, 1961, in the subsequent petition. The reasoning for this decision is not elaborated upon, other than the explicit granting of the prayer made by the petitioner's counsel. The operative direction was to dismiss the petition as withdrawn with the liberty as prayed for. No issues were expressly left undecided.
What were the facts?
The petitioner, Vinod Kumar, filed a writ petition (CWP No. 11064 of 2026) before the High Court of Punjab & Haryana at Chandigarh. The respondents were the Income Tax Officer, Ward No. 2 (3) Abohar, and others from the Income Tax Department. The case came up for hearing on 16.04.2026. The petitioner's counsel sought permission to withdraw the petition. The request included liberty to file a fresh petition on the same cause of action and to challenge Section 147A of the Income Tax Act, 1961, in the new petition. The High Court considered this request.
What were the issues?
The primary issue was whether the petitioner should be allowed to withdraw the writ petition with liberty to file a fresh one and to challenge Section 147A of the Income Tax Act, 1961. The petitioner's argument, as presented by learned counsel Mr. Piyush Setia, was to withdraw the petition with the specified liberties. The respondents, represented by Ms. Urvashi Dhugga, Senior Standing Counsel, Mr. Vaibhav Gupta, Junior Standing Counsel, and Ms. Kavita, Advocate, did not present any arguments against the withdrawal request as recorded in the judgment. The court had to decide whether to grant the withdrawal and the requested liberties.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No. 208 (urgent)
CWP No. 11064 of 2026
Date of decision: 16.04.2026
Vinod Kumar .....Petitioner
Versus Income Tax Officer, Ward No.2 (3) Abohar and others .....Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MS. JUSTICE LAPITA BANERJI
Present : Mr. Piyush Setia, Advocate for the petitioner.
Ms. Urvashi Dhugga, Senior Standing Counsel,
Mr. Vaibhav Gupta, Junior Standing Counsel and
Ms. Kavita, Advocate
for the respondent(s)-Income Tax Department.
* * *
DEEPAK SIBAL, J. (Oral) (1)
Learned counsel for the petitioner seeks to withdraw this petition with liberty to the petitioner to file a fresh one on the same cause of action as also to challenge therein Section 147A of the Income Tax Act, 1961. (2)
Dismissed as withdrawn with liberty as prayed for.
( DEEPAK SIBAL )
JUDGE
16.04.2026
( LAPITA BANERJI ) sunil yadav
JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No SUNIL YADAV 2026.04.17 16:47 I attest to the accuracy and authenticity of this order. Chandigarh
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