DEEPAK BANSAL vs. INCOME TAX OFFICER AND OTHERS

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CWP/13686/2025HC Punjab & HaryanaPHHC01075802202514 May 2025Author: MR. JUSTICE DEEPAK SIBAL,MS. JUSTICE LAPITA BANERJI2 pages
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What did the High Court hold?

The High Court of Punjab & Haryana, in light of the submissions made and the law laid down in the cited judgments (Jatinder Singh Bhangu and Jasjit Singh), quashed the impugned notice dated 27.03.2025. The Court held that the notice issued by the Jurisdictional Assessing Officer was not in accordance with the prevailing procedure for faceless assessments. The reasoning was based on the precedent established by coordinate benches of the same court. The respondents were granted liberty to proceed against the petitioner in accordance with law, implying they could issue a fresh notice under the correct procedure if permissible. No issue was expressly left undecided.

What were the facts?

The petitioner, Deepak Bansal, challenged a notice dated 27.03.2025 issued under Section 148 of the Income Tax Act, 1961, by the respondent Income Tax Officer and others. The primary contention was that the notice was issued by the Jurisdictional Assessing Officer, which was impermissible. This was based on a notification dated 29.03.2022 from the Ministry of Finance, Government of India, mandating that such notices be issued through a faceless assessment procedure. The petitioner relied on two previous judgments of the High Court of Punjab & Haryana in support of this argument.

What were the issues?

1. Whether the notice dated 27.03.2025, issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer, is valid in light of the notification dated 29.03.2022 mandating faceless assessments. Assessee's contention: The petitioner argued that the impugned notice was invalid because it was issued by the Jurisdictional Assessing Officer, contrary to the mandate of faceless assessment introduced by the notification dated 29.03.2022. The petitioner relied on the High Court's decisions in CWP-15745-2024 (Jatinder Singh Bhangu Vs. Union of India and others) and CWP-21509-2023 (Jasjit Singh Vs. Union of India and others). Revenue's contention: The respondents, through their counsel, did not dispute that the petitioner's case was covered by the law laid down in the aforementioned judgments.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

CWP-13686-2025

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

128

CWP-13686-2025

Date of Decision: 14.05.2025

DEEPAK BANSAL

.......PETITONER

Versus

INCOME TAX OFFICER AND OTHERS

.....RESPONDENTS

CORAM: HON’BLE MR. JUSTICE DEEPAK SIBAL

HON’BLE MS. JUSTICE LAPITA BANERJI

Present:- Ms. Mamta Gupta, Advocate

for the petitioner. (Through Video Conferencing)

Mr. Yogesh Putney, Sr. Standing Counsel with

Mr. Vaibhav Gupta, Jr. Standing Counsel

for Income Tax Dept.

*****

DEEPAK SIBAL, J. (Oral)

1.

Challenge made through the instant petition is to the notice dated 27.03.2025 (Annexure P-1) issued to the petitioner by the respondents under Section 148 of the Income Tax Act, 1961. The primary ground of challenge raised by the petitioner is that the impugned notice has been issued by the Jurisdictional Assessing Officer which could not have been done because in terms of the notification dated 29.03.2022 (Annexure P-2), issued by the Ministry of Finance, Government of India, the impugned notices could have been issued only by way of faceless assessment.

2.

In support of his afore submission, learned counsel for the petitioner places reliance on the following two judgments of this Court:- PRINCE SAINI 2025.05.15 22:25 I attest to the accuracy and integrity of this document

CWP-13686-2025

-2-

i. CWP-15745-2024, titled Jatinder Singh Bhangu Vs. Union of India and others, decided on 19.07.2024; and ii. CWP-21509-2023, titled Jasjit Singh Vs. Union of India and others, decided on 29.07.2024. 3. Learned counsel for the respondents 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 and Jasjit Singh (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 27.03.2025 (Annexure P-1) issued by the Jurisdictional 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

[LAPITA BANERJI] 14.05.2025

JUDGE Prince

Whether speaking/reasoned: Yes/No

Whether reportable:

Yes/No PRINCE SAINI 2025.05.15 22:25 I attest to the accuracy and integrity of this document

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