SUMAN KANDOI vs. CENTRAL BOARD OF DIRECT TAXES AND ORS.
What did the High Court hold?
The High Court held that the revenue's concession, made in terms of the law laid down by the Supreme Court in Union of India & Ors. Vs. Ashish Agarwal (2023) 1 SCC 617, was satisfactory. The impugned notice dated 29.06.2021, issued for the assessment year 2014-15 under Section 148 of the Income Tax Act, 1961, was to be treated as a notice under Section 148A(b) of the Act. Consequently, the petition was disposed of with a direction to the respondent-revenue to proceed from the stage of the notice under Section 148A(b), following the prescribed procedure. The petitioner was granted liberty to raise all available pleas and defenses during these proceedings. No specific amount in dispute was recorded.
What were the facts?
The petitioner, Suman Kandoi, filed a writ petition challenging a notice dated 29.06.2021 issued under Section 148 of the Income Tax Act, 1961, for the assessment year 2014-15. The respondents are the Central Board of Direct Taxes and others, representing the revenue. The procedural history involves the issuance of the impugned notice, which the petitioner contested. The High Court of Punjab & Haryana at Chandigarh heard the matter.
What were the issues?
1. Whether the notice dated 29.06.2021, issued under Section 148 of the Income Tax Act, 1961, for the assessment year 2014-15, should be treated as a notice under Section 148A(b) of the Act, in light of the Supreme Court's decision in Union of India & Ors. Vs. Ashish Agarwal (2023) 1 SCC 617? Assessee's Contention: The petitioner sought to have the notice treated as per the law laid down by the Supreme Court. Revenue's Contention: The learned counsel for the revenue conceded that the impugned notice should be treated as a notice under Section 148A(b) of the Act, following the Supreme Court's ruling.
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-5119-2022 Date of Decision: 18.04.2026 SUMAN KANDOI
... Petitioner VERSUS CANTRAL BOARD OF DIRECT TAXES AND OTHERS
... Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MS. JUSTICE LAPITA BANERJI
Present : Mr. Sachin Bhardwaj, Advocate for the petitioner.
Ms. Urvashi Dhugga, Senior Standing Counsel, with
Mr. Vaibhav Gupta, Junior Standing Counsel, and
Ms. Kavita, Advocate, for the Income Tax Department. * * * * * DEEPAK SIBAL, J. (Oral)
At the outset, learned counsel for the revenue concedes that in terms of the law laid down by the Supreme Court in Union of India & Ors. Vs. Ashish Agarwal (2023) 1 SCC 617, the impugned notice dated 29.06.2021 for the assessment year 2014-15, under Section 148 of the Income Tax Act, 1961 (for short- the Act) be treated as notice under Section 148A(b) of the Act. 2.
The above concession satisfies learned senior counsel for the petitioner. Accordingly, the present petition is disposed of with a direction to the respondent- revenue to proceed from the stage of the afore notice, in terms of the procedure laid down under Section 148A(b) of the Act. 3.
Needless to add that in the course of the afore proceedings the petitioner shall be at liberty to raise all possible pleas/defences that may be available to it, in accordance with law.
DEEPAK SIBAL
JUDGE
LAPITA BANERJI
JUDGE
18.04.2026 Rajender
Whether speaking/reasoned : Yes / No Whether reportable : Yes / No RAJENDER KUMAR 2026.05.01 10:52 I attest to the accuracy and authenticity of this order
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