GURUBACHAN SINGH SHAHNEY S/O SH. RAMSINGH SHAHNEY vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court held that the notice issued to the petitioner under Section 148 of the Income Tax Act, 1961, was invalid and impermissible in law. The Court's reasoning was based on its prior decision in Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch of petitions) dated January 27, 2022. In that judgment, the Court had quashed similar notices. Therefore, following the precedent set in the Sudesh Taneja case, the impugned notice in the present petition was also quashed and set aside. The petition was allowed, granting relief to the petitioner by invalidating the notice. No other issues were decided.
What were the facts?
The petitioner, Gurubachan Singh Shahney, filed a writ petition before the Rajasthan High Court, Jaipur Bench. The respondent was the Income Tax Officer, Ward-2(1), Kota. The petitioner stated that no assessment order had been passed by the Assessing Authority to date. The core of the petition concerned a notice issued under Section 148 of the Income Tax Act, 1961. The petitioner argued that this notice was invalid and impermissible in law, relying on a previous decision of the same court.
What were the issues?
1. Whether the notice issued under Section 148 of the Income Tax Act, 1961, is invalid and impermissible in law. Assessee's Contention: The petitioner contended that the issue regarding the validity of notices issued under Section 148 of the Income Tax Act, 1961, was no longer res integra. They relied on the Division Bench's decision in Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch of petitions), rendered on January 27, 2022, which had found such notices to be invalid and impermissible in law and consequently quashed them. Revenue's Contention: The judgment does not record any specific arguments made by the revenue on this issue.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Judgment / Order 26/04/2022 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 (2 of 2) [CW-6060/2022] Income Tax Act, 1961 have been found to be invalid and impermissible in law and quashed.
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 Mohita /1
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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