RAJESH KUMAR DHADDHA SON OF SHRI GHYAN CHAND DHADDHA vs. DEPUTY COMMISSIONER OF INCOME TAX
What did the High Court hold?
The Tribunal held that as long as the law declared in Sharda Devi Chhajer (supra) and Hexaware Technologies Ltd. (supra) – which established that jurisdiction vests with the Faceless Assessing Officer – continues to be in effect, notices issued by the Jurisdictional Assessing Officer are not legally sustainable. Consequently, the impugned notice dated 20.03.2024 under Section 148 and the assessment order dated 09.03.2025, along with consequential proceedings, were quashed and set aside for being without jurisdiction. The Court clarified that the respondent-Revenue is at liberty to proceed afresh through the Faceless Assessing Officer, strictly in accordance with law and the prevailing statutory framework, subject to limitations and other legal requirements. The petitioner stated that other grounds were not being pressed and would be taken up at an appropriate stage if required. The writ petition was disposed of.
What were the facts?
The petitioner, Rajesh Kumar Dhaddha, filed a writ petition challenging a notice dated 20.03.2024 issued under Section 148 of the Income Tax Act, 1961, and an assessment order dated 09.03.2025. The respondent is the Deputy Commissioner of Income Tax, Central Circle-4, Jaipur. The petitioner argued that the notices were invalid. The respondent conceded that the issue was covered by previous judgments and that a Special Leave Petition (SLP) was pending before the Supreme Court against one of those judgments. The respondent sought liberty to revive proceedings if the higher court's judgments were overturned. The petitioner stated that other grounds were not being pressed.
What were the issues?
1. Whether notices issued by the Jurisdictional Assessing Officer (JAO) instead of the Faceless Assessing Officer (FAO) are invalid, concerning the provisions of the Income Tax Act, 1961, related to assessment procedures. Assessee's Contention: The petitioner argued that the notices issued were invalid. Revenue's Contention: The respondent conceded that the controversy was covered by the judgment in Sharda Devi Chhajer vs. The Income Tax Officer & Another, which followed Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-Tax. The respondent further submitted that an SLP was pending before the Supreme Court against the Hexaware Technologies Ltd. judgment and sought liberty to revive proceedings if the said judgments were set aside or materially modified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 27/01/2026
Learned counsel appearing for the respondents, at the outset, fairly submits that the controversy involved in the present writ petitions is squarely covered by the judgment of this Court in Sharda Devi Chhajer vs. The Income Tax Officer & Another [2025 SCC OnLine Raj 3386], which has followed the judgment of the Bombay High Court in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-Tax, Circle-15(1)(2) [2024] 162 taxmann.com 225 (Bom.). It is held therein that notices issued by the Juri ictional Assessing Officer (JAO), instead of the Faceless Assessing Officer, are invalid.
[2026:RJ-JP:3495-DB] (2 of 3) [CW-20603/2025]
Learned counsel, however, submits that the respondents are acting under the mandate of the directions issued by the learned ITAT. He further submits that against the judgment in Hexaware Technologies Ltd. (supra), the Revenue has preferred a Special Leave Petition before the Hon’ble Supreme Court and notice has been issued. Learned counsel, therefore, submits that while the prayer of the petitioner may be granted in view of the prevailing legal position, liberty be reserved in favour of the Revenue to revive the proceedings in the event the judgments in Hexaware Technologies Ltd. (supra), Sharda Devi Chhajer (supra) or Shree Cement Limited (supra) are set aside or materially modified by the Hon’ble Apex Court.
This Court finds that so long as the law declared in Sharda Devi Chhajer (supra) and Hexaware Technologies Ltd. (supra) holding that the juri iction vests with the Faceless Assessing Officer continues to hold the field, issuance of notices by the Juri ictional Assessing Officer would not be legally sustainable.
Accordingly, this Court directs that, keeping open all rights and contentions of parties, the impugned notice dated 20.03.2024 (Annexure-2) issued under Section 148 of the Income Tax Act, 1961 and the assessment order dated 09.03.2025 (Annexure-3), along with all proceedings consequential thereto, are hereby quashed and set aside, being without juri iction.
However, this Court clarifies that liberty is reserved in favour of the respondent-Revenue to proceed afresh through the Faceless Assessing Officer (FAO), strictly in accordance with law and the
[2026:RJ-JP:3495-DB] (3 of 3) [CW-20603/2025] prevailing statutory framework, subject to limitation and other legal requirements.
In view of above, counsel for petitioner states that other grounds raised are not being pressed upon and they will be taken at appropriate stage, if required.
Accordingly, the writ petition stands disposed of. Pending applications, if any, also stand disposed of. (SANGEETA SHARMA),J (DR.PUSHPENDRA SINGH BHATI),J 93-Nirmala/Shivani
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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