SUMIT GARG vs. INCOME TAX OFFICER WARD 2(1) CHANDIGARH AND OTHERS
What did the High Court hold?
The High Court held that the impugned notice dated 31.07.2022, issued by the Jurisdictional Assessing Officer, was invalid. This decision was based on the law laid down in the previously decided cases of Jatinder Singh Bhangu and Jasjit Singh by coordinate benches of the same High Court. The reasoning was that the notification mandating faceless assessment for notices under Section 148 had not been followed. Consequently, the impugned notice was quashed. The respondents were granted liberty to proceed against the petitioner in accordance with law. No issue was expressly left undecided.
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. The primary contention was that the notice was issued by the Jurisdictional Assessing Officer, which was impermissible given the notification dated 29.03.2022 mandating faceless assessment for such notices. The respondents, the Income Tax Department, did not dispute that the case was covered by previous judgments of the High Court.
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? Assessee's contention: The petitioner argued that the impugned notice dated 31.07.2022, issued by the Jurisdictional Assessing Officer, was invalid. This was based on the Ministry of Finance notification dated 29.03.2022, which stipulated that such notices could only be issued through faceless assessment. The petitioner relied on two High Court judgments: 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 the petitioner's submissions and conceded that the case was covered by the aforementioned 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.21273 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 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. (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
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