NEERAJ KUMAR vs. ASSISTANT COMMISSIONER OF INCOME TAX AND OTHERS

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CWP/26920/2025HC Punjab & HaryanaPHHC01145188202510 September 2025Author: MR. JUSTICE DEEPAK SIBAL,MS. JUSTICE LAPITA BANERJI2 pages
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What did the High Court hold?

The High Court held that the impugned notice dated 13.06.2025, issued by the Jurisdictional Assessing Officer under Section 148 of the Income Tax Act, 1961, was liable to be quashed. This decision was based on the law laid down in two previous judgments of the same court in Jatinder Singh Bhangu's case and Jasjit Singh's case. The court found that the respondents did not dispute that these judgments applied to the present case. Consequently, the notice was quashed with liberty granted to the respondents to proceed against the petitioner in accordance with the law. No specific amount in dispute was recorded. The court did not leave any issue undecided.

What were the facts?

The petitioner, Neeraj Kumar, challenged a notice dated 13.06.2025 issued by the Assistant Commissioner of Income Tax and others under Section 148 of the Income Tax Act, 1961. The challenge was based on the assertion that the notice was issued by the Jurisdictional Assessing Officer. The petitioner contended that, in light of a notification dated 29.03.2022 from the Ministry of Finance, such notices could only be issued through faceless assessment. The respondents, representing the Income Tax Department, did not dispute that the petitioner's case was covered by previous judgments of the High Court.

What were the issues?

1. Whether the notice dated 13.06.2025, issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer, is valid in light of the notification dated 29.03.2022 mandating faceless assessment? Assessee's contention: The petitioner argued that the impugned notice was invalid because it was issued by the Jurisdictional Assessing Officer, contrary to the faceless assessment procedure mandated by the notification dated 29.03.2022. The petitioner relied on two High Court judgments: 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). Revenue's contention: The respondents did not dispute the petitioner's submissions and conceded that their case was covered by the aforementioned judgments.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ( Sr. No. 137 ) CWP No.26920 of 2025 Date of decision: 10.09.2025 Neeraj Kumar .....Petitioner Versus Assistant Commissioner of Income Tax and others .....Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL HON'BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Vishav Bharti Gupta, Advocate for the petitioner. Mr. Yogesh Putney, Senior Standing Counsel, Mr. Vidul Kapoor, Junior Standing Counsel and Mr. Vaibhav Gupta, Junior Standing Counsel for the respondents- Income Tax Department. * * * DEEPAK SIBAL, J. (Oral) (1) Challenge made through the instant petition is to the notice dated 13.06.2025 (Annexure P-1) issued to the petitioner by the respondents under Section 148 of the Income Tax Act, 1961. The primary ground of challenge raised by the petitioner is that the impugned notice has been issued by the Jurisdictional Assessing Officer which could not have been done because in terms of the notification dated 29.03.2022 (Annexure P-2), issued by the Ministry of Finance, Government of India, the impugned notice could have been issued only by way of faceless assessment. SUNIL YADAV 2025.09.12 15:55 I attest to the accuracy and

authenticity of this order. Chandigarh

CWP No.26920 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 respondents-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 13.06.2025 (Annexure P-1) issued by the Juri ictional Assessing Officer, is hereby quashed with liberty to the respondents to proceed against the petitioner in accordance with law. (5)

The petition is allowed in the above terms.

(DEEPAK SIBAL)

JUDGE

10.09.

2025

( LAPITA BANERJI ) sunil yadav

JUDGE

Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SUNIL YADAV 2025.09.12 15:55 I attest to the accuracy and authenticity of this order. Chandigarh

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