Primary Agricultural Cooperative Credit Society vs. The income tax officer
What did the High Court hold?
The High Court allowed I.A. No. 1 of 2026, thereby reviving Writ Petition No. 27433 of 2024. The Court reasoned that the Supreme Court's decision on 10.04.2026, in the 'faceless batch' of cases, remitted all such matters to the respective High Courts and permitted petitioners to question the constitutional validity of Section 147-A of the Income Tax Act. Given that the original writ petition was disposed of with liberty to move for revival subject to the outcome of these Supreme Court matters, and the Supreme Court has now remitted them, the High Court found a strong case for revival. The operative direction is the allowance of the interlocutory application, leading to the revival of the writ petition for fresh adjudication.
What were the facts?
This matter concerns an interlocutory application (I.A. No. 1 of 2026) filed by the Income Tax Department (Petitioners/Respondents) seeking the revival of Writ Petition No. 27433 of 2024. The original writ petition was filed by the Primary Agricultural Cooperative Credit Society (Respondent/Writ Petitioner) for the assessment year 2019-20. The writ petition had been disposed of earlier, with liberty granted to either party to seek revival subject to the outcome of matters pending before the Supreme Court concerning faceless proceedings. The present application is filed in light of a Supreme Court order dated 10.04.2026 in a batch of cases, including Income Tax Officer, Ward 2(1), Chandigarh & Ors. v. Tej Partap Singh, which remitted matters to respective High Courts for fresh adjudication.
What were the issues?
1. Whether the Writ Petition No. 27433 of 2024 should be revived for fresh adjudication in light of the Supreme Court's order dated 10.04.2026 in the faceless batch of cases. Assessee's Contention: The Respondent/Writ Petitioner has not filed any specific contentions in the provided text regarding this interlocutory application. The application is filed by the Petitioners/Respondents (Income Tax Department). Revenue's Contention: The Petitioners/Respondents (Income Tax Department) contend that the Supreme Court, in its order dated 10.04.2026, remitted matters concerning faceless proceedings to the respective High Courts, permitting petitioners therein to question the constitutional validity of Section 147-A of the Income Tax Act. They argue that this order creates a strong case for the revival of the present writ petition, which was previously disposed of with liberty to seek revival based on such outcomes.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following ORDER l.A.No.1 ot 2026 is filed by the respondenUlncome Tax Department seeking for the restoration of present Writ Petition No.27433 of 2024 in terms of recent decision of the Hon'ble Supreme Court in the faceless batch which was decided on 1t).04.2026, whereby the mafters were all remitted to the respective High Courts, permitting the petitioners therein to question the Constitutional validity of the provision under Section 147-A of lncome Tax Act. This Court while disposing of the instant writ petition at the first instant, had granted the liberty to the either of the parties to move proper application for revival, subject to the outcome of the matters pending before the Hon'ble Supreme Court pertaining to the faceless'proceedings. Given the fact that the Hon'ble Supreme Court has itself remitted all those matters pencling before the Hon'ble Supreme Court to the respective High Courts. We are of the considered opinion that a strong case for revival of the present writ petitiorr has also been made out. Accordingly, l.A.No.1 of 2026 stands allowed. //II Sd/-A.H.S.GOWRI SHANKAR ASSISTANTBEGISTRAR \\ sEg/ioN oFFtcER To 1. The lncome Tax Officer, ward 1, Khammam/ Income Tax Office, Rajeev Gunt, Rajiv Chowk, Nlear Kinnerasani Theatre, Khammam Telangana State,
The Principal Chief Commissioner of lncome Tax Telangana and A.p., Hyderabad, lT Towers, AC Guards, Masab Tank, Hyderabad - 500 02g, Telangana.
The National f:aceless Assessment Center, lncome Tax Department, New Delhi.
The Chairman, Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of lndia, Secretariat Buildings, New Delhi _ 110001,
The Secretary to the Government, Union of lndia, Deparlment of Revenue' Ministry of Finance, New Delhi - 110 001 .
The Section Officer, Posting Section, High Court for the State of Telangana at Hyderabad.
The Section Officer, D.B. Section, High Court for the State of Telangana at Hyderabad.
One CC to SRI K.SUDHAKAR REDDY, LEARNED SENIOR STANDING COUNSEL FOR INCOME TAX [OPUC]
One CC to Ms. MYTHRI INDUKURI, Advocate [OPUC] 10.Two CD Copies SA PVL ' llr
HIGH COURT DATED: 0110912026 ORDER |.A.NO.1 0F 2026 IN WP.No.27433 of 2024 ALLOWING THE I.A. t3 coPies 'f? d lesrPzut q 1 P.E 5TA 7E ofspqr C 'v2 o -b, +r) * t r1 lcn Iae
More judgments on Section 147-A
- Pushkar Vishwas, Bulandshahr vs Income Tax Officer Ward 3(3), BulandshahrITA 5661/DEL/2025[2011-12]Status: Disposed11 Nov 2025AY 2011-12
- Jaivir, Sonepat vs Income Tax Officer, Ward -1, SonepatITA 3275/DEL/2025[2012-13]Status: Disposed12 Sept 2025AY 2012-13
- Impressions Services Private Limited, Delhi vs ADIT Circle 10(1), DelhiITA 3275/DEL/2023[2018-19]Status: Disposed5 Mar 2025AY 2018-19
- Commissioner of Income-Tax vs Sadhuram G AndaniITR/103/19955 Dec 2014
- C.I.T vs Motichand Virpal ShahITR/36/20037 Nov 2014
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