DRISHINDER SINGH SANDHAWALIA vs. PRINCIPAL COMMISSIONER OF INCOME TAX 1, CHANDIGARH
What did the High Court hold?
The High Court allowed the petition. It was held that the impugned notice dated 30.03.2025, 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 principle laid down in the High Court's own previous judgments in Jatinder Singh Bhangu Vs. Union of India and others and Jasjit Singh Vs. Union of India and others. The reasoning was that the notice, issued in the context of a faceless assessment, was not issued by the competent authority as per the established procedure. The ratio decidendi is that notices under Section 148 must adhere to the procedural requirements, especially when a faceless assessment scheme is in operation. The respondents were granted liberty to proceed against the petitioner in accordance with law.
What were the facts?
The petitioner, Drishinder Singh, filed a writ petition challenging a notice dated 30.03.2025 issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer. The petitioner contended that the notice was invalid because it was issued in the context of a faceless assessment scheme, citing a notification dated 29.03.2022 from the Ministry of Finance. The petitioner argued that the notice should have been issued by the proper authority under the faceless assessment framework. The respondents, the Income Tax Department, did not dispute that the petitioner's case was covered by previous judgments of the High Court.
What were the issues?
1. Whether the notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer, in the context of a faceless assessment scheme, is valid? (Question of law and fact, concerning Section 148 of the Income Tax Act, 1961 and the notification dated 29.03.2022). Assessee's contention: The petitioner argued that the notice was invalid as it was issued by the Jurisdictional Assessing Officer in a faceless assessment regime, which contravenes the established procedure for such assessments as per the notification dated 29.03.2022. Reliance was placed on the judgments in Jatinder Singh Bhangu Vs. Union of India and others (CWP-15745-2024) and Jasjit Singh Vs. Union of India and others (CWP-21509-2023). Revenue's contention: The respondents conceded that the petitioner's case was covered by the aforementioned judgments of the High Court.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
CWP-11465-2
IN THE Drishinder Sin Principal Com
CORAM : H
H
Present : M
M
fo
M
M
fo
DEEPAK SIB
C dated 30.03.20 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.125
E HIGH COURT OF PUNJAB CHANDIGARH
CWP-1146 Date of De
ngh Sandhawalia
Versus mmissioner of Income Tax-I, Cha
HON’BLE MR. JUSTICE DEEPA HON’BLE MS. JUSTICE LAPITA Mr. Viraj Gandhi, Advocate and Mr. Adarsh Kumar Dubey, Advoc or the petitioner. Mr. Yogesh Putney, Senior Stand Mr. Vaibhav Gupta, Advocate, or the Income Tax Department-re *** BAL, J. (Oral)
Challenge made through the ins 025 (Annexure P-1) 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 65-2025 (O&M) ecision : 28.04.2025
…Petitioner
andigarh and others …Respondents AK SIBAL A BANERJI cate, ding Counsel, with 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 2025.05.05 12:08 I attest to the accuracy and integrity of this document
CWP-11465-2
ii. CWP other
L that the case o through the af Benches of thi
In Jatinder Sing dated 30.03.20 Officer, is here the petitioner i
T
April 28, 202 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-1), issued by eby quashed with liberty to the r in accordance with law. he petition is allowed in the abov
(DEEPA
J (LAPIT
J
25
king/reasoned :
Yes/No rtable :
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 the Jurisdictional Assessing respondents to proceed against ve terms. AK SIBAL) JUDGE
TA BANERJI) JUDGE VANDANA 2025.05.05 12:08 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
Recent GST High Court judgments
Search GST case law →- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026