SMART HOMES vs. INCOME TAX OFFICER WARD 1(4) FARIDABAD AND OTHERS

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CWP/10686/2025HC Punjab & HaryanaPHHC01057858202521 April 2025Bench: MRS. JUSTICE LISA GILL,MRS. JUSTICE SUDEEPTI SHARMA2 pages
AI SummaryRemanded

What did the High Court hold?

The High Court allowed the writ petition, disposing of it in terms of the judgments passed in Jatinder Singh Bhangu's case and Jasjit Singh's case. These prior judgments had allowed writ petitions on similar issues, 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 petitioner's contention, which was not disputed by the revenue, that the notice was issued without jurisdiction due to the exclusive power of the NFAC as per the CBDT circular. The operative direction was to dispose of the petition in line with the cited precedents, implying the quashing of the impugned notice and allowing the revenue to re-initiate proceedings correctly if they chose to do so.

What were the facts?

The petitioner, Smart Homes, challenged a notice dated March 28, 2025, issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2021-2022. The petitioner argued that the issuing authority lacked jurisdiction, 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 did not dispute the petitioner's contention regarding the applicability of previous judgments.

What were the issues?

1. Whether the notice dated March 28, 2025, issued under Section 148 of the Income Tax Act, 1961, for AY 2021-2022 is without jurisdiction, in light of the CBDT circular dated March 29, 2022, which vests exclusive power to issue such notices with the NFAC? (Question of law) Assessee's Contention: The petitioner contended 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 others (CWP No. 15745-2024) and Jasjit Singh vs. Union of India and others (CWP No. 21509-2023) as covering the present issue. Revenue's Contention: The learned counsel for the Union of India 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-10686-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 144 CWP-10686-2025 (O&M) Date of Decision:-21.04.2025 Smart Homes ....Petitioner Vs. Income Tax Officer, Ward 1 (4), Faridabad & ors. ...Respondents CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Kartik Bansal, Advocate for the petitioner. Mr. Varun Issar, Sr. Standing counsel with Ms. Pridhi Sandhu, Advocate for the respondent. *** SUDEEPTI SHARMA, J. 1. Challenge in the instant writ petition is to notice dated 28.03.2025 issued under Section 148 of the Income Tax Act, 1961 (for short “Act 1961”) for AY 2021-2022. 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 2025.04.23 12:04 I attest to the accuracy and integrity of this document

CWP-10686-2025 2 whole records of the case. 5. The petitioner has challenged the notice dated 28.03.2025 issued under Section 148 of the Act, 1961 for AY 2021-2022, 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. (LISA GILL) (SUDEEPTI SHARMA) JUDGE JUDGE 21.04.2025

Gaurav Arora

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.04.23 12:04 I attest to the accuracy and integrity of this document

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