SUNNY GEMS INDIA PVT. LTD. vs. ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The Tribunal, in view of the petitioner's submission and the precedent set by the Division Bench of the Rajasthan High Court in Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch), held that the notices issued under Section 148 of the Income Tax Act, 1961, were invalid and impermissible in law. Consequently, the impugned notice issued in the present case was quashed and set aside. The petition was allowed based on the reasoning provided in the aforementioned precedent. No specific issue was left undecided.
What were the facts?
The petitioner, Sunny Gems India Pvt. Ltd., is challenging a notice issued under Section 148 of the Income Tax Act, 1961, for the assessment year 2013-14. The petitioner's authorized person is Mr. Radha Mohan Vijay. The respondents are the Assistant Commissioner of Income Tax, Circle 4, and the Union of India through the Secretary, Central Board of Direct Taxes. The petitioner's counsel stated that no final assessment order has been passed to date. The petitioner argued that the issue is settled by a previous Division Bench decision of the same court.
What were the issues?
1. Whether the notices issued under Section 148 of the Income Tax Act, 1961, are invalid and impermissible in law, as argued by the petitioner. The petitioner relies on the Division Bench decision in Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr., dated 27.01.2022, which held such notices to be invalid and quashed them. The revenue has not recorded any specific arguments in this judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 25/04/2022 [CW-5622/2022] 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 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 Sanjay Kumawat-8
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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