SUMIT BANSAL vs. INCOME TAX OFFICER AND OTHERS
What did the High Court hold?
The High Court allowed the writ petition, disposing of it in terms of previous judgments by a Co-ordinate Bench in Jatinder Singh Bhangu vs. Union of India and others (CWP No. 15745-2024, decided on July 19, 2024) and Jasjit Singh vs. Union of India and others (CWP No. 21509-2023, decided on July 29, 2024). In those cases, the writ petitions were allowed on similar grounds, granting liberty to the revenue to follow the prescribed procedure under the Act, 1961, and proceed accordingly if advised. The reasoning was based on the established precedent of the Co-ordinate Bench addressing the identical issue concerning the jurisdiction for issuing Section 148 notices in light of the relevant CBDT circular. The operative direction was to dispose of the present petition in line with these precedents, implying the quashing of the impugned notices and orders, with liberty to the revenue to re-initiate proceedings correctly.
What were the facts?
The petitioner, an assessee, challenged a notice dated March 26, 2024, issued under Section 148 of the Income Tax Act, 1961, along with an assessment order dated March 27, 2025, a demand notice, and a penalty show cause notice, all pertaining to Assessment Year 2020-2021. The challenge was based on the contention that the issuing authority lacked jurisdiction due to a CBDT circular dated March 29, 2022, which allegedly vested exclusive power to issue Section 148 notices with the National Faceless Assessment Centre (NFAC). The revenue, represented by the Income Tax Officer, Ward 1(3), Ludhiana, and others, did not dispute the petitioner's submissions.
What were the issues?
1. Whether the notice dated March 26, 2024, issued under Section 148 of the Income Tax Act, 1961, and the subsequent assessment order dated March 27, 2025, are without jurisdiction, in light of the CBDT circular dated March 29, 2022, which purportedly grants exclusive power to the NFAC to issue such notices? (Question of law) Assessee's contention: The issuing authority lacked jurisdiction to issue the notice under Section 148 of the Act, 1961, as per the CBDT circular dated March 29, 2022, which stipulated that the NFAC has exclusive power in this regard. Revenue's contention: The revenue did not dispute the petitioner's submissions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
CWP-10391-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 165 CWP-10391-2025 (O&M) Date of Decision:-09.04.2025 SUMIT BANSAL ....Petitioner Vs. INCOME TAX OFFICER, WARD 1 (3), LUDHIANA AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vishav Bharti Gupta, Advocate Ms. Uma Bharti, Advocate, for the petitioner Mr. Ranvijay Singh, Sr. Standing counsel for the respondent. *** SUDEEPTI SHARMA, J. 1. Challenge in the present petition is to notice dated 26.03.2024 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”); impugned assessment order dated 27.03.2025 issued under Section 147 of the Act, 1961, demand notice and penalty show cause notice dated 27.03.2025 and all consequential actions, for AY 2020-2021. 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 16:08 I attest to the accuracy and integrity of this document
CWP-10391-2025 2 whole records of the case. 5. The petitioner has challenged the notice dated 26.03.2024 issued under Section 148 of the Act, 1961; impugned assessment order dated 27.03.2025 issued under Section 147 of the Act, 1961, demand notice and penalty show cause notice dated 27.03.2025 and all consequential actions, for AY 2020-2021 on the ground that the Issuing Authority 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 09.04.2025
Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.04.10 16:08 I attest to the accuracy and integrity of this document
More judgments on Section 148
- Bha Associates Pvt. Ltd., New Delhi vs ACIT, Central Circle- 29, New DelhiITA 5208/DEL/2018[2015-16]Status: Disposed6 Nov 2026AY 2015-16
- 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
Recent GST High Court judgments
Search GST case law →- M/S.Shree Jagannath Associates, Angul vs. The Chief Commissioner Of Commercial Taxes And Goods And Services Tax, CuttackOrissa · 3 Nov 2026
- Sampat Raj Jain vs. The State Of Assam And 3 Ors.Gauhati · 3 Nov 2026
- Sri Hardik Gowda vs. Sri Jayaram PKarnataka · 3 Nov 2026
- Shiv Ram vs. State Of Hp And OrsHimachal Pradesh · 3 Nov 2026
- M/S Ampl Resources PVT. LTD., Through Sri Om Prakash Pareek, Authorised Signatory vs. The State Of JharkhandJharkhand · 3 Nov 2026