DR. KESHAV JOSHI S/O. K.C. JOSHI vs. INCOME TAX OFFICER WARD 6(2)
What did the High Court hold?
The High Court allowed the petition. The Court noted the submission of the petitioner's counsel that the issue was no longer res integra, citing 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). In that precedent, notices issued under Section 148 of the Income Tax Act, 1961, were found to be invalid and impermissible in law and were quashed. Applying the ratio of the Sudesh Taneja case, the High Court held that the impugned notice issued to the petitioner in the present case was also invalid and impermissible. Consequently, the notice was quashed and set aside, and the writ petition was allowed. No issue was expressly left undecided.
What were the facts?
The petitioner, Dr. Keshav Joshi, filed a writ petition before the Rajasthan High Court, Jaipur Bench, challenging a notice issued under Section 148 of the Income Tax Act, 1961. The petitioner's counsel submitted that the issue was no longer res integra, referencing a previous decision by a Division Bench of the same court dated January 27, 2022, in the case of Sudesh Taneja Vs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch). In that prior judgment, notices issued under Section 148 were held to be invalid and impermissible in law and were quashed. The present petition was filed against the Income Tax Officer, Ward 6(2), Jaipur, and the Union of India.
What were the issues?
1. Whether the notice issued to the petitioner under Section 148 of the Income Tax Act, 1961, is invalid and impermissible in law? (Question of law) Assessee's Contention: The petitioner argued that the issue concerning the validity of notices under Section 148 had already been decided by a 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), where such notices were quashed. Therefore, the present notice should also be quashed on the same grounds. Revenue's Contention: The judgment does not record any specific contentions made by the revenue in opposition to the petitioner's submission or the relief sought.
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 14/03/2022 Learned counsel for the petitioner at the outset would submit that the issue involved in this petition is no longer res integra as it has been put to an end by Division Bench of this Court in the decision rendered on 27.01.2022 in Sudesh Taneja Vs. Income Tax Officer, 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 Mohita /3
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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