GLENVIEW RESORTS KASAULI LLP vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1 CHANDIGARH
What did the High Court hold?
The High Court held that the impugned notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer was liable to be quashed. This decision was based on the law laid down in the two previously decided cases, Jatinder Singh Bhangu Vs. Union of India and others, and Jasjit Singh Vs. Union of India and others. The Court found that the respondent did not dispute that the petitioner's case was covered by these judgments. Therefore, in terms of the precedent, the notice issued by the Jurisdictional Assessing Officer was set aside. The Court granted liberty to the respondents to proceed against the petitioner in accordance with law. No other issues were expressly left undecided.
What were the facts?
The petitioner, Glenview Resorts Kasauli LLP, challenged a notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer. The petitioner argued that the notice was invalid because it was issued in terms of a notification dated 29.03.2022 from the Ministry of Finance, Government of India, which mandated faceless assessment. The petitioner contended that the impugned notice could only have been issued by way of faceless assessment. The respondent, Deputy Commissioner of Income Tax, did not dispute that the petitioner's case was covered by previous judgments of the Court.
What were the issues?
1. Whether the notice issued under Section 148 of the Income Tax Act, 1961, is invalid because it was issued by the Jurisdictional Assessing Officer contrary to the faceless assessment procedure mandated by the notification dated 29.03.2022, thereby requiring it to be issued only through a faceless assessment mechanism? Assessee's Contention: The petitioner argued that the impugned notice was invalid as it was issued by the Jurisdictional Assessing Officer, whereas the notification dated 29.03.2022 mandated that such notices should be issued only through the faceless assessment procedure. The petitioner relied on two judgments of the High Court: CWP-15745-2024, Jatinder Singh Bhangu Vs. Union of India and others, decided on 19.07.2024, and CWP-21509-2023, Jasjit Singh Vs. Union of India and others, decided on 29.07.2024. Revenue's Contention: The respondent did not dispute the facts and conceded that the petitioner's case was covered by the aforesaid two judgments rendered by the co-ordinate Benches of the High Court.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
CWP-13870-2
IN THE Glenview Reso
Deputy Comm
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DEEPAK SIB
C dated 22.03.20 under Section challenge rais issued by the done because i issued by the notice could ha
In petitioner plac i. CWP India 2025 (O&M) Sr. No.118
E HIGH COURT OF PUNJAB CHANDIGARH
CWP-1387 Date of De
orts Kasauli LLP Kasauli Resort
… Versus missioner of Income Tax, Central
… HON’BLE MR. JUSTICE DEEPA HON’BLE MS. JUSTICE LAPITA Mr. Lokesh Garg, Advocate, or the petitioner. Mr.Yogesh Putney, Sr. Standing C Mr. Vaibhav Gupta, Jr. Standing C or the Income Tax Department-re *** BAL, J. (Oral)
Challenge made through the ins 025 (Annexure P-2) issued to the 148 of the Income Tax Act, 1 ed by the petitioner is that th Jurisdictional Assessing Office in terms of the notification dated Ministry of Finance, Governm ave been issued only by way of f n support of his afore submiss es reliance on the following two P-15745-2024, titled Jatinder S a and others, decided on 19.07.2 B AND HARYANA AT H 70-2025 (O&M) ecision : 15.05.2025
ts Village Nalwa, Solan …Petitioner
l Circle-1, Chandigarh
…Respondent AK SIBAL A BANERJI Counsel and Counsel, espondents. stant petition is to the notice e petitioner by the respondents 1961. The primary ground of e impugned notice has been r which could have not been d 29.03.2022 (Annexure P-3), ment of India, the impugned faceless assessment. sion, learned counsel for the o judgments of this Court:- 2024; and VANDANA 2025.05.16 17:33 I attest to the accuracy and integrity of this document
CWP-13870-2
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In Jatinder Sing dated 22.03.20 Officer, is here the petitioner i
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May 15, 2025 vandana
Whether speak Whether repor 2025 (O&M) P-21509-2023, titled Jasjit Sin rs, decided on 29.07.2024. earned counsel for the responde of the petitioner is covered in his foresaid two judgments rendered is Court in Jatinder Singh Bhan n the light of the above, in ter gh Bhangu and Jasjit Singh ( 025 (Annexure P-2), issued by eby quashed with liberty to the r in accordance with law. he petition is allowed in the abov
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Yes/No gh Vs. Union of India and ents does not dispute the fact s favour by the law laid down d by two different co-ordinate ngu and Jasjit Singh (supra). rms of the law laid down in (supra), the impugned notice y the Jurisdictional Assessing respondents to proceed against ve terms. AK SIBAL) JUDGE
TA BANERJI) JUDGE VANDANA 2025.05.16 17:33 I attest to the accuracy and integrity of this document
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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