KARNAM SECURITIES PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1
What did the High Court hold?
The High Court disposed of the petition in terms similar to the judgments in Jatinder Singh Bhangu Vs. Union of India and others and Jasjit Singh Vs. Union of India and others. These prior judgments had allowed writ petitions involving similar issues concerning the issuance of Section 148 notices. In those cases, liberty was granted to the respondents to follow the procedure laid down under the Income Tax Act, 1961, and proceed accordingly, if so advised. Therefore, the present petition was disposed of on the same basis, implying that the respondents would need to re-issue the notice, if advised, following the correct procedure as per the faceless assessment framework. The specific finding on the invalidity of the notice issued by the Jurisdictional Assessing Officer is implicit in the disposal order referencing prior judgments that allowed such challenges.
What were the facts?
The petitioner, Karnam Securities Private Limited, challenged a notice dated March 31, 2025, issued under Section 148 of the Income Tax Act, 1961, and all consequential assessment proceedings for Assessment Year 2019-2020. The petitioner argued that the notice was erroneously issued by the Jurisdictional Assessing Officer. They contended that in light of the Notification dated March 28/29, 2022, concerning faceless assessment proceedings, the National Faceless Assessment Centre (NFAC) possesses exclusive powers to issue such notices. The petitioner cited two previous decisions of the same court, CWP No.15745-2024 (Jatinder Singh Bhangu Vs. Union of India and others) and CWP No.21509-2023 (Jasjit Singh Vs. Union of India and others), which allowed similar writ petitions and granted liberty to the respondents to follow the prescribed procedure.
What were the issues?
1. Whether the notice dated 31.03.2025 issued under Section 148 of the Income Tax Act, 1961, is invalid because it was issued by the Jurisdictional Assessing Officer instead of the National Faceless Assessment Centre (NFAC), in light of the Notification dated 28/29.03.2022 concerning faceless assessment proceedings? (Question of law) Assessee's Contention: The petitioner argued that the notice was erroneously issued by the Jurisdictional Assessing Officer, as the Notification dated 28/29.03.2022 vests exclusive power to issue Section 148 notices with the NFAC. They relied on the judgments in Jatinder Singh Bhangu Vs. Union of India and others and Jasjit Singh Vs. Union of India and others, where similar petitions were allowed. Revenue's Contention: No specific contention was recorded for the revenue in the judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
integrity of this order/judgment.
CWP-23522-2025 (O&M)
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(NFAC) has exclusive powers to issue notice under Section 148 of the Act, 1961. He further submits that the Coordinate Bench of this Court in CWP No.15745-2024 -Jatinder Singh Bhangu Vs. Union of India and others and connected matter, decided on 19.07.2024 as well as CWP No.21509-2023- Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No SANDEEP KUMAR 2025.09.29 18:00 I attest to the accuracy and integrity of this order/judgment.
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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