GULSHAN KUMAR GOEL vs. INCOME TAX OFFICER WARD 6(1) CHANDIGARH AND OTHERS
What did the High Court hold?
The High Court held that the impugned notice dated 04.06.2025, issued by the Jurisdictional Assessing Officer, was invalid. This decision was based on the law laid down in two previous judgments of the same Court: CWP No.15745 of 2024 (Jatinder Singh Bhangu) and CWP No.21509 of 2023 (Jasjit Singh). The Court noted that the respondents did not dispute that these precedents covered the petitioner's case. The reasoning was that the notification dated 29.03.2022 mandated faceless assessment, making the issuance of the notice by the jurisdictional officer impermissible. The ratio decidendi is that notices under Section 148 must adhere to the faceless assessment procedure prescribed by government notifications. Consequently, the impugned notice was quashed, with liberty granted to the respondents to proceed against the petitioner in accordance with law. No issue was expressly left undecided.
What were the facts?
The petitioner, Gulshan Kumar Goel, challenged a notice dated 04.06.2025 issued by the respondents (Income Tax Officer Ward 6(1), Chandigarh and others) under Section 148 of the Income Tax Act, 1961. The primary contention was that the notice was issued by the Jurisdictional Assessing Officer, which was impermissible according to a notification dated 29.03.2022 from the Ministry of Finance, Government of India, mandating faceless assessment for such notices. The assessment year is not explicitly stated but implied to be recent given the notice date. The procedural history involves the issuance of the notice and the subsequent challenge through a writ petition.
What were the issues?
1. Whether a notice under Section 148 of the Income Tax Act, 1961, issued by the Jurisdictional Assessing Officer, is valid when a notification mandates faceless assessment for such notices? (Question of law, turning on Section 148 and the notification dated 29.03.2022). Assessee's contention: The impugned notice dated 04.06.2025, issued by the Jurisdictional Assessing Officer, is invalid because it should have been issued through a faceless assessment process as per the Ministry of Finance notification dated 29.03.2022. Reliance was placed on this Court's judgments in CWP No.15745 of 2024 (Jatinder Singh Bhangu Vs. Union of India) and CWP No.21509 of 2023 (Jasjit Singh Vs. Union of India). Revenue's contention: The respondents-Income Tax Department did not dispute that the petitioner's case was covered by the law laid down in the cited judgments.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
authenticity of this order. Chandigarh
CWP No.21259 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 04.06.2025 (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
2025
( LAPITA BANERJI ) sunil yadav
JUDGE
Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SUNIL YADAV 2025.07.30 10:24 I attest to the accuracy and authenticity of this order. Chandigarh
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
Recent GST High Court judgments
Search GST case law →- Kniit Net Industries Private Limited, Khurda vs. Superintendent Of CGST And Central Excise, Bhubaneswar Ii CircleOrissa · 14 Oct 2026
- M/S Maa Swarnapai Chemicals (Opc) Private Limited, Cuttack vs. Sales Tax Officer, Cuttack IOrissa · 14 Oct 2026
- M/S. Middlex, Puri vs. Commnr. Of State Tax, Banijyakar Bhawan, CuttackOrissa · 14 Oct 2026
- M/S Maa Sunadei Indane Gramin Vitrak, Nayagarh vs. Commissioner Of CT And GST, Cuttack, OdishaOrissa · 14 Oct 2026
- Sunanda Raul vs. The Commissioner Of Commercial Taxes And Goods Nad Services Tax, OdishaOrissa · 14 Oct 2026