DR MOHAMMED SALIM S/O SHEIKH MOHD VAKIL vs. DEPUTY COMMISSIONER OF INCOME TAX

PDF · subscribers
CW/7902/2023HC RajasthanRJHC02038050202301 September 2025Author: K.R. SHRIRAM,MANEESH SHARMA2 pages
AI SummaryPartly Allowed

What did the High Court hold?

The High Court quashed and set aside the notice dated April 17, 2023, issued under Section 148 of the Income Tax Act, 1961. The court acknowledged that the ground raised by the petitioner, concerning the issuance of the notice by a Jurisdictional Assessing Officer (JAO) instead of a Faceless Assessing Officer (FAO), was covered by its own previous judgments in Shree Cement Limited and Sharda Devi Chhajer, as well as the Bombay High Court's decision in Hexaware Technologies Ltd. The court granted the petitioner's prayer for the present. Crucially, the court granted liberty to the revenue to revive the notice issued under Section 148 of the Act in the event that the Apex Court were to interfere with the judgments in Hexaware Technologies Ltd., Sharda Devi Chhajer, or Shree Cement Limited. The court also stated that if any re-assessment order were passed, it would also stand quashed and set aside. All rights and contentions of the parties were kept open.

What were the facts?

The petitioner, Dr. Mohammed Salim, challenged a notice dated April 17, 2023, issued under Section 148 of the Income Tax Act, 1961, by the Deputy Commissioner of Income Tax, Circle-2, Kota. The petitioner contended that the notice was issued by a Jurisdictional Assessing Officer (JAO) and not a Faceless Assessing Officer (FAO). The respondent revenue agreed that one of the grounds raised by the petitioner was covered by a previous judgment of the High Court. The revenue also informed the court that a Special Leave Petition (SLP) had been filed against the judgment in Hexaware Technologies Ltd. and notice had been issued. The revenue sought liberty to revive the notice if the Apex Court interfered with the aforementioned judgments.

What were the issues?

1. Whether a notice dated April 17, 2023, issued under Section 148 of the Income Tax Act, 1961, by a Jurisdictional Assessing Officer (JAO) is invalid, as opposed to being issued by a Faceless Assessing Officer (FAO)? (Question of law and fact, concerning Section 148 of the Income Tax Act, 1961). Assessee's contention: The notice is bad and not valid because it was issued by a JAO and not an FAO. This contention is supported by the High Court's judgments in Shree Cement Limited and Sharda Devi Chhajer, and the Bombay High Court's judgment in Hexaware Technologies Ltd. Revenue's contention: While agreeing that the ground is covered by existing judgments, the revenue noted that an SLP had been filed against the Hexaware Technologies Ltd. judgment, and notice had been issued. The revenue requested liberty to revive the Section 148 notice if the Apex Court were to interfere with the judgments in Hexaware Technologies Ltd., Sharda Devi Chhajer, or Shree Cement Limited.

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
[2025:RJ-JP:35135-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 7902/2023 Dr Mohammed Salim S/o Sheikh Mohd Vakil, Aged About 40 Years, R/o- House No 101, Shakti Nager, Kota, Rajasthan- 324009 ----Petitioner Versus Deputy Commissioner Of Income Tax, Dcit/acit, Circle-2, Kota, Central Revenue Building, Rawat Bhata Road, Kota, Rajasthan- 324009 ----Respondent For Petitioner(s) : Mr. Sanjay Jhanwar, Senior Advocate assisted by Mr. Rajat Sharma, Mr. Shubhendra Singh & Mr. Saksham Pandey For Respondent(s) : Mr. Shantanu Sharma with Mr. Parth Vashishtha & Mr. Aditya Doda HON'BLE THE CHIEF JUSTICE MR. K.R. SHRIRAM HON'BLE MR. JUSTICE MANEESH SHARMA

Order 01/09/2025

1.

Mr. Sharma, who appears on advance copy, agrees with Mr. Jhanwar that one of the grounds raised certainly is covered by a judgment of this Court.

2.

Ground referred to is that the notice dated 17th April 2023 under Section 148 of the Income Tax Act, 1961 has been issued by a Juri ictional Assessing Officer (JAO) and not Faceless Assessing Offider (FAO) and this Court in the case of Shree Cement Limited Vs. Assistant Commissioner of Income-Tax & Others1 following Sharda Devi Chhajer Vs. The Income Tax Officer & Another2 and Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax, Circle 15(1)(2)3, has held that such a notice will be bad and not valid. 1 DB Civil Writ Petition No.10540/2024, dated 05.08.2025 at Jaipur Bench (unreported) 2 2025 SCCOnLine Raj 3386 3 [2024] 162 taxmann.com 225 (Bombay)

[2025:RJ-JP:35135-DB] (2 of 2) [CW-7902/2023]

3.

At the same time, Mr. Sharma states that in Hexaware Technologies Ltd. (supra), Revenue has preferred a Special Leave Petition and notice has been issued. Counsel states that in view of the law as it stands today, Court may grant the prayer of petitioner but in case the Apex Court interferes with judgment in Hexaware Technologies Ltd. (supra), Sharda Devi Chhajer (supra) or Shree Cement Limited (supra), then Revenue should be given liberty to revive the notice issued under Section 148 of the Act.

4.

Mr. Jhanwar states that in view of the above, for the present, petitioner will reserve his right to raise other grounds at an appropriate stage.

5.

Therefore, keeping open all rights and contentions of parties, we quash and set aside notice dated 17th April 2023 issued under Section 148 of the Act with liberty as prayed.

6.

Petition disposed.

7.

Consequently, all pending applications, if any, also stand disposed.

8.

In case, if any re-assessment order is passed, the same will also stand quashed and set aside. (MANEESH SHARMA),J (K.R. SHRIRAM),CJ N.GANDHI/RAJAT/58

More judgments on Section 148

All 35,022 judgments and leading authorities on Section 148 →

Recent GST High Court judgments

Search GST case law →