PR COMMISSIONER OF INCOME TAX PANCHKULA vs. HARMIT KAUR
What did the High Court hold?
The High Court held that the issue regarding the validity of a notice under Section 148 of the Income Tax Act, 1961, when not issued by a faceless Assessing Officer, stands conclusively decided in favour of the respondent-assessee by a previous judgment of the same Court dated 10.09.2026 in CWP-15791-2024 (Jyoti Sareen Vs. Union of India and others). Following the precedent laid down in Jyoti Sareen's case, the present appeal filed by the Revenue is dismissed. The operative direction is the dismissal of the appeal.
What were the facts?
The Principal Commissioner of Income Tax, Panchkula (Revenue) has filed the present appeal against the order dated 15.10.2025 passed by the Income Tax Appellate Tribunal (ITAT), Chandigarh. The ITAT had decided the matter in favour of the respondent-assessee, Harmit Kaur. The primary ground for the ITAT's decision was that the notice under Section 148 of the Income Tax Act, 1961, which was challenged by the assessee, had not been issued by a faceless Assessing Officer. The appeal is before the High Court of Punjab and Haryana at Chandigarh.
What were the issues?
1. Whether the notice under Section 148 of the Income Tax Act, 1961, issued by a non-faceless Assessing Officer, is valid? (Question of law) Assessee's Contention: The assessee argued that the notice under Section 148 was not issued by a faceless Assessing Officer, which rendered it invalid. The ITAT accepted this contention. Revenue's Contention: The judgment does not record any specific contentions made by the Revenue before the High Court. However, the Revenue is appealing the ITAT's order, implying disagreement with the ITAT's finding regarding the validity of the notice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 191 ITA-217-2026 (O&M) Date of Decision: 14.09.2026 Pr. Commission of Income Tax Panchkula ....Appellant Versus Harmit Kaur ....Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MR. JUSTICE SUNISH BINDLISH Present: Mr. Rana Gurtej Singh, Jr. Standing Counsel for the appellant. ***** DEEPAK SIBAL
, J (ORAL)
Through the impugned order dated 15.10.2025, the Income Tax Appellate Tribunal, Chandigarh (for short – ITAT) decided the matter in favour of the respondent-assessee on the ground that the notice under Section 148 of the Income Tax Act, 1961 (for short – the Act) impugned by the respondent-assessee had not been issued by the faceless Assessing Officer. 2. The afore issue stands conclusively decided in favour of the respondent-assessee by a judgment of this Court dated 10.09.2026 passed in CWP-15791-2024 – Jyoti Sareen Vs. Union of India and others. 3. In the light of law laid down in Jyoti Sareen’s case (supra), the present appeal is dismissed. (DEEPAK SIBAL) JUDGE
(SUNISH BINDLISH) 14.09.2026 JUDGE D.Bansal Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DINESH BANSAL 2026.09.18 16:08 I attest to the accuracy and integrity of this document Chandigarh
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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