KANHA ELECTRONICS PRIVATE LIMITED vs. INCOME TAX OFFICER

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CW/4353/2022HC RajasthanRJHC02021225202229 March 2022Bench: MANINDRA MOHAN SHRIVASTAVA,SAMEER JAIN2 pages
AI SummaryAllowed

What did the High Court hold?

The High Court quashed and set aside the impugned notice issued to the petitioner under Section 148 of the Income Tax Act, 1961. The Court's decision was based on the submission by the petitioner's counsel that the issue was no longer res integra, referencing the Division Bench's order dated January 27, 2022, in Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch). In that precedent, notices issued under Section 148 were found to be invalid and impermissible in law and were quashed. Therefore, for the same reasons stated in the earlier order, the present petition was allowed. The ratio decidendi is that if a batch of similar writ petitions challenging Section 148 notices have been decided in favour of the assessee by a Division Bench on grounds of invalidity, subsequent identical petitions should also be allowed on the same grounds. The operative direction was to quash the notice and allow the petition.

What were the facts?

The petitioner, Kanha Electronics Private Limited, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The petition challenged notices issued under Section 148 of the Income Tax Act, 1961. The respondents were the Income Tax Officer, Ward 1 (2), Jaipur, and the Central Board of Direct Taxes. The petitioner's counsel submitted that the issue was no longer res integra, citing a previous decision by a Division Bench of the same court on January 27, 2022, in Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch). In that case, notices issued under Section 148 were found to be invalid and quashed.

What were the issues?

1. Whether the notices issued under Section 148 of the Income Tax Act, 1961, in the present case are invalid and impermissible in law, similar to those in the batch of cases decided by this Court on January 27, 2022? Assessee's Contention: The petitioner argued that the issue was no longer res integra and had been decided by a Division Bench of the High Court in Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch), where notices under Section 148 were quashed. Revenue's Contention: The judgment does not record any specific arguments from the revenue's side. However, by implication, the revenue would have sought to uphold the validity of the notices.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Civil Writ Petition No. 4353/2022 Kanha Electronics Private Limited, having address at G-9 Bharat Apartment, New Colony, Panch Batti, Jaipur-302003, Rajasthan India through its authorized representative Vinod Kumar Nebhnani S/o Ramchandra Nebhnani aged about 56 years, Resident of 10 New Joshi Coliny, Brahampuri Road, Jaipur, Rajasthan, India-302012. ----Petitioner Versus 1. Income Tax Officer, Ward 1 (2), Jaipur, having office at New Central Revenue Building, Bhagwan Dass Road, Jaipur 302005, Rajasthan. 2. Central Board of Direct Taxes, Ministry of Finance, North Block, New Delhi-110011 through its Chairman. ----Respondents For Petitioner : Mr. Prateek Kedawat Advocate. For Respondents : Mr. N.S. Bhati Advocate on behalf of Mr. Anuroop Singhi Advocate. HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN Order 29/03/2022 Learned counsel for the petitioner at the outset would submit that the issue involved in this petition is no longer res integra as it has been put to an end by Division Bench of this Court in the decision rendered on 27.01.2022 in Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch of petitions) where the notices issued under Section 148 of the Income Tax Act, 1961 have been found to be invalid and impermissible in law and quashed. (Uploaded on 30/03/2022 at 03:44:14 PM) (Downloaded on 30/10/2026 at 09:45:08 AM) (2 of 2) [CW-4353/2022] In view of the above statement made by learned counsel for the petitioner, the impugned notice issued in the present case, for the reasons stated in the order dated 27.01.2022 passed in the aforesaid cases, is also quashed and set aside and the petition is allowed. (SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ MANOJ NARWANI /7 Powered by TCPDF (www.tcpdf.org) (Uploaded on 30/03/2022 at 03:44:14 PM) (Downloaded on 30/10/2026 at 09:45:08 AM)

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