BHIWANI INDUSTRIES PRIVATE LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that the petitioner would be entitled to the same relief as granted in the judgment dated 10.09.2026 in CWP-15791-2024 (Jyoti Sareen vs. Union of India and others). Based on the consensus between the parties, the petition was allowed in terms of the Jyoti Sareen case. Consequently, the notice dated 28.06.2025 issued to the petitioner under Section 148 of the Income Tax Act, 1961, and any consequential proceedings were quashed. The ratio decidendi is that where parties agree to a precedent being applied, the court will follow that precedent to grant similar relief. No issue was expressly left undecided.
What were the facts?
The petitioner, Bhiwani Industries Private Limited, filed a writ petition before the High Court of Punjab & Haryana at Chandigarh. The respondent was the Assistant Commissioner of Income Tax, Patiala. The petitioner sought relief similar to that granted in a previous High Court judgment dated 10.09.2026 in CWP-15791-2024 (Jyoti Sareen vs. Union of India and others). The parties agreed that the petitioner would be entitled to the same relief as granted in the aforementioned case. The impugned action under challenge was a notice dated 28.06.2025 issued to the petitioner under Section 148 of the Income Tax Act, 1961.
What were the issues?
1. Whether the petitioner is entitled to the same relief as granted in the High Court judgment dated 10.09.2026 in CWP-15791-2024 (Jyoti Sareen vs. Union of India and others)? (Question of law) Assessee's Contention: The petitioner argued that they should receive the same relief as granted in the Jyoti Sareen case, based on a consensus reached with the revenue. The judgment does not record specific arguments from the petitioner beyond this consensus. Revenue's Contention: The revenue, through its learned counsel, agreed that the petitioner would be entitled to the same relief as granted in the Jyoti Sareen case. The judgment does not record specific arguments from the revenue beyond this agreement.
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 CWP-21005-2025 (O&M) Date of decision: 10.09.2026 BHIWANI INDUSTRIES PRIVATE LIMITED ..... Petitioner Versus ASSISTANT COMMISSIONER OF INCOME TAX, PATIALA
..... Respondent(s) CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE SUNISH BINDLISH Present : Ms. Simmy Gupta, Advocate for the petitioner. Mr. Saurabh Kapoor, Sr. Standing counsel with Mr. Rana Gurtej Singh, Jr. Standing counsel and Ms. Muskan Gupta, Advocate, for the respondents. * * * DEEPAK SIBAL, J. 1. Learned counsel for the parties agree that the petitioner would also be entitled to the same relief as has been granted through a judgment of this Court dated 10.09.2026 passed in CWP-15791-2024 – Jyoti Sareen vs. Union of India and others. 2. In the light of the above consensus, the petition is allowed in terms of Jyoti Sareen’s case
(supra), resulting in quashing of the impugned notice dated 28.06.2025 issued to the petitioner under Section 148 of the Income Tax Act, 1961, alongwith consequential proceedings, if any. (DEEPAK SIBAL) JUDGE 10.09.2026 (SUNISH BINDLISH) Jyoti 1
JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No JYOTI SHARMA 2026.09.18 17:22 I attest to the accuracy and authenticity of this document
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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