RAHINDER SINGH vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court held that the impugned notice dated 25.06.2025, issued by the Jurisdictional Assessing Officer, was invalid. This decision was based on the law laid down in two previous judgments of the Court, Jatinder Singh Bhangu's case and Jasjit Singh's case. These judgments, it is implied, established that notices under Section 148 should have been issued through the faceless assessment procedure as per the Ministry of Finance notification. The Court quashed the impugned notice. The respondent was granted liberty to proceed against the petitioner in accordance with law. No issue was expressly left undecided. The ratio decidendi is that a notice issued in contravention of mandatory procedural requirements, such as faceless assessment, is liable to be quashed.
What were the facts?
The petitioner, Rajinder Singh, challenged a notice dated 25.06.2025 issued by the respondent, the Income Tax Officer, under Section 148 of the Income Tax Act, 1961. The petitioner's primary contention was that the notice was issued by the Jurisdictional Assessing Officer, which was impermissible according to a notification dated 29.03.2022 from the Ministry of Finance, Government of India. This notification mandated that such notices be issued through a faceless assessment procedure. The assessment year(s) are not explicitly stated. The procedural history involves the issuance of the notice and the subsequent filing of the writ petition before the High Court.
What were the issues?
1. Whether a notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer is valid, when a notification mandates issuance through faceless assessment? The petitioner argued that the impugned notice dated 25.06.2025, issued by the Jurisdictional Assessing Officer, was invalid. This was based on the contention that a notification dated 29.03.2022, issued by the Ministry of Finance, Government of India, stipulated that such notices could only be issued via faceless assessment. The petitioner relied on two judgments of the High Court: CWP No.15745 of 2024 (Jatinder Singh Bhangu Vs. Union of India and others) and CWP No.21509 of 2023 (Jasjit Singh Vs. Union of India and others). The respondent-Income Tax Department did not dispute that the case was covered by the law laid down in the aforementioned judgments.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
authenticity of this order. Chandigarh
CWP No.37916 of 2025
[2]
(2)
In support of his afore submission, learned counsel for the petitioner places reliance on the following two judgments of this Court :- (i) CWP No.15745 of 2024 - Jatinder Singh Bhangu Vs. Union of India and others, decided on 19.07.2024. (ii) CWP No.21509 of 2023 - Jasjit Singh Vs. Union of India and others, decided on 29.07.2024. (3)
Learned counsel for the respondent-Income Tax Department does not dispute the fact that the case of the petitioner is covered in his favour by the law laid down through the aforesaid two judgments rendered by two different Co-ordinate Benches of this Court in Jatinder Singh Bhangu’s and Jasjit Singh’s cases (supra). (4)
In the light of the above, in terms of the law laid down in Jatinder Singh Bhangu’s and Jasjit Singh’s cases (supra), the impugned notice dated 25.06.2025 (Annexure P-1) issued by the Juri ictional Assessing Officer, is hereby quashed with liberty to the respondent to proceed against the petitioner in accordance with law. (5)
The petition is allowed in the above terms.
(DEEPAK SIBAL)
JUDGE
2025
( LAPITA BANERJI ) sunil yadav
JUDGE
Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SUNIL YADAV 2025.12.19 13:08 I attest to the accuracy and authenticity of this order. 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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