ASHU MOHAN PUNCHHI vs. ASSISTANT COMMISSIONER OF INCOME TAX

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CWP/10187/2025HC Punjab & HaryanaPHHC01056574202508 April 2025Bench: MR. JUSTICE ARUN PALLI,MRS. JUSTICE SUDEEPTI SHARMA2 pages
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What did the High Court hold?

The High Court allowed the writ petition, disposing of it in terms of the judgments passed by a co-ordinate bench in Jatinder Singh Bhangu vs. Union of India (decided on July 19, 2024) and Jasjit Singh vs. Union of India (decided on July 29, 2024). These prior judgments had allowed similar writ petitions on the same issue, granting liberty to the revenue to follow the prescribed procedure under the Income Tax Act, 1961, and proceed accordingly if advised. The reasoning was based on the established precedent of co-ordinate benches dealing with identical issues. The operative direction was to dispose of the petition in line with the cited judgments, implying the quashing of the impugned notice and proceedings, with liberty to the revenue to re-initiate if permissible under law.

What were the facts?

The petitioner, Ashu Mohan Punchhi, challenged a notice dated March 30, 2025, issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2022-2023, along with consequential proceedings. The petitioner argued that the respondent authority lacked jurisdiction to issue the notice, citing a CBDT circular dated March 29, 2022, which purportedly grants exclusive power to the National Faceless Assessment Centre (NFAC) to issue such notices. The revenue, represented by the Assistant Commissioner of Income Tax, did not dispute the petitioner's contention.

What were the issues?

1. Whether the notice dated March 30, 2025, issued under Section 148 of the Income Tax Act, 1961, for AY 2022-2023, is without jurisdiction, in light of the CBDT circular dated March 29, 2022, which allegedly vests exclusive power in the NFAC to issue such notices? (Question of law). Assessee's contention: The petitioner argued that the notice was issued without jurisdiction, relying on the CBDT circular dated March 29, 2022, which specifies that the NFAC has exclusive power to issue notices under Section 148. The petitioner cited the judgments in Jatinder Singh Bhangu vs. Union of India and Jasjit Singh vs. Union of India as precedents. Revenue's contention: The revenue did not dispute the petitioner's contention.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

CWP-10187-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 177

CWP-10187-2025 (O&M) Date of Decision:-08.04.2025 Ashu Mohan Punchhi ....Petitioner vs. Asstt.Commissioner of Income Tax DCIT/ACIT, CIR 1 (1) Chd. ...Respondent CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Ms. Abhinav Narang, Advocate for the petitioner Mr. Vaibhav Gupta, Standing counsel for the respondent. *** SUDEEPTI SHARMA, J. 1. Challenge in the present writ petition is to notice dated 30.03.2025 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) for AY 2022-2023 along with consequential proceedings. 2. Learned counsel for the petitioner contends that the issue involved in the present writ petition is covered by the judgment passed by a Co-ordinate Bench of this Court in the cases of Jatinder Singh Bhangu vs. Union of India and others, passed in CWP No. 15745-2024 and connected matter, decided on 19.07.2024 and Jasjit Singh vs. Union of India and others (CWP No. 21509-2023 and other connected matters), decided on 29.07.2024 . 3. Learned counsel appearing for Union of India has also not disputed the same. 4. We have heard learned counsel for the parties and perused the Gaurav Arora 2025.04.10 16:07 I attest to the accuracy and integrity of this document

CWP-10187-2025 2 whole records of the case. 5. The petitioner has challenged the notice dated 30.03.2025 issued under Section 148 of the Act, 1961 for AY 2022-2023 along with consequential proceedings issued by respondent, on the ground that he had no jurisdiction to issue the same, in view of the circular/notification dated 29.03.2022 of the CBDT, wherein, it has been specifically enumerated that the NFAC has exclusive power to issue the notice under Section 148 of the Act, 1961. 6. A Co-ordinate Bench of this Court in Jatinder Singh Bhangu’s case (supra) and Jasjit Singh’s case (supra), allowed the writ petitions on the same issue, as raised in the present writ petition, by granting liberty to the revenue to follow the procedure as laid down under the Act, 1961 and proceed accordingly, if so advised. 7. In view of the above, the present writ petition is disposed of, in terms of Jatinder Singh Bhangu’s case (supra), decided on 19.07.2024 and Jasjit Singh’s case (supra), decided on 29.07.2024 8. All the pending applications, if any, also stand disposed of. (ARUN PALLI) (SUDEEPTI SHARMA) JUDGE JUDGE 08.04.2025

Gaurav Arora

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.04.10 16:07 I attest to the accuracy and integrity of this document

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