SUMIT GARG vs. INCOME TAX OFFICER WARD 2(1) CHANDIGARH AND OTHERS
What did the High Court hold?
The High Court of Punjab & Haryana, in light of the submissions made and the precedents relied upon, held that the impugned notice dated 31.07.2022, issued by the Jurisdictional Assessing Officer, was not in accordance with the law. The Court followed its own previous decisions in Jatinder Singh Bhangu and Jasjit Singh. Consequently, the Court quashed the notice dated 31.07.2022. The respondents were granted liberty to proceed against the petitioner in accordance with law, implying they could issue a fresh notice if permissible under the prevailing rules and procedures. The petition was allowed in terms of quashing the notice.
What were the facts?
The petitioner, Sumit Garg, challenged a notice dated 31.07.2022 issued under Section 148 of the Income Tax Act, 1961, by the Income Tax Officer Ward 2(1) Chandigarh and others. The primary contention was that the notice was issued by the Jurisdictional Assessing Officer, which was impermissible as per a notification dated 29.03.2022 from the Ministry of Finance, Government of India. This notification stipulated that such notices could only be issued through faceless assessment. The petitioner relied on two previous judgments of the High Court of Punjab & Haryana in support of his argument. The respondents did not dispute that the petitioner's case was covered by the precedent set in those judgments.
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, in light of the notification dated 29.03.2022 mandating faceless assessment for such notices? (Question of law) Assessee's Contention: The petitioner argued that the impugned notice dated 31.07.2022 was issued by the Jurisdictional Assessing Officer, which is contrary to the mandate of the notification dated 29.03.2022, requiring issuance through faceless assessment. The petitioner relied on the High Court's decisions in CWP-15745-2024 (Jatinder Singh Bhangu Vs. Union of India and others) and CWP-21509-2023 (Jasjit Singh Vs. Union of India and others). Revenue's Contention: The respondents, through their counsel, did not dispute the fact that the petitioner's case was covered in his favour by the law laid down in the aforementioned judgments of the High Court.
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
114
CWP-21978-2025
Date of Decision: 01.08.2025
SUMIT GARG
.......Petitioner
Versus INCOME TAX OFFICER WARD 2(1) CHANDIGARH AND OTHERS
....Respondents
CORAM: HON’BLE MR. JUSTICE DEEPAK SIBAL
HON’BLE MS. JUSTICE LAPITA BANERJI
Present:- Mr. Kartik Bansal, Advocate,
for the petitioner.
Mr. Yogesh Putney, Sr. Standing Counsel, with
Mr. Vidul Kapoor, Jr. Standing Counsel, and
Mr. Vaibhav Gupta, Jr. Standing Counsel,
for respondent-Income Tax Department.
*****
DEEPAK SIBAL, J. (Oral)
Challenge made through the instant petition is to the notice dated 31.07.2022 (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 Juri ictional 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.
In support of his afore submission, learned counsel for the petitioner places reliance on the following two judgments of this Court:- i. CWP-15745-2024, titled Jatinder Singh Bhangu Vs. Union of India and others, decided on 19.07.2024; and PRINCE SAINI 2025.08.05 02:12 I attest to the accuracy and integrity of this document
CWP-21978-2025
-2-
ii. CWP-21509-2023, titled Jasjit Singh Vs. Union of India and others, decided on 29.07.2024. 3. Learned counsel for the respondents 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 and Jasjit Singh (supra).
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 31.07.2022 (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.
The petition is allowed in the above terms.
[DEEPAK SIBAL]
JUDGE
[LAPITA BANERJI] 01.08.2025
JUDGE PRINCE
Whether speaking/reasoned: Yes/No
Whether reportable:
Yes/No PRINCE SAINI 2025.08.05 02:12 I attest to the accuracy and integrity of this document
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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