FLINT POWER TOOLS PRIVATE LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX AND OTHERS
What did the High Court hold?
The High Court allowed the writ petition. The Court found that the issue raised by the petitioner was covered by previous judgments of a co-ordinate bench in Jatinder Singh Bhangu's case and Jasjit Singh's case. In those cases, writ petitions were allowed on similar grounds concerning the jurisdiction for issuing Section 148 notices. The Court followed these precedents. The operative direction was to dispose of the present writ petition in terms of the aforementioned judgments. These judgments typically granted liberty to the revenue to follow the prescribed procedure under the Act if they were so advised. The Court did not expressly leave any issue undecided.
What were the facts?
The petitioner, Flint Power Tools Pvt. Ltd., challenged a notice dated March 22, 2025, issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2015-2016. The petitioner also challenged all consequential actions arising from this notice. The core of the challenge was that the issuing authority lacked jurisdiction to issue the notice. This was based on a CBDT circular/notification dated March 29, 2022, which allegedly vested exclusive power to issue Section 148 notices with the National Faceless Assessment Centre (NFAC). The respondents are the Assistant Commissioner of Income Tax, Central Circle I, Faridabad, and others.
What were the issues?
1. Whether the notice dated March 22, 2025, issued under Section 148 of the Income Tax Act, 1961, for AY 2015-2016 is invalid due to lack of jurisdiction of the issuing authority, in light of the CBDT circular/notification dated March 29, 2022, which purportedly grants exclusive power to the NFAC to issue such notices? (Question of law) The assessee (petitioner) contended that the notice was issued without jurisdiction, citing the CBDT circular/notification dated March 29, 2022, which designates the NFAC as having exclusive power to issue notices under Section 148. The assessee relied on judgments from a co-ordinate bench of the High Court in Jatinder Singh Bhangu vs. Union of India and Jasjit Singh vs. Union of India. The revenue (respondent) did not dispute the applicability of the cited judgments.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
CWP-11685-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 157
CWP-11685-2025 (O&M) Date of Decision:-06.05.2025 Flint Power Tools Pvt. Ltd. ....Petitioner Vs. Asstt. Commissioner of Income, Central Circle I, Faridabad & ors. ...Respondents CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Nikhil Goyal and Mr. Rana Gurtej Singh, Advocates, for the petitioner. Mr.Varun Issar, Sr. Standing counsel with Ms. Pridhi Sandhu, Jr. Standing counsel for the respondent. *** SUDEEPTI SHARMA, J. 1. Challenge in the present petition is to notice dated 22.03.2025 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and all consequential actions, for AY 2015-2016. 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 whole records of the case. 5. The petitioner has challenged the notice dated 22.03.2025 issued Gaurav Arora 2025.05.12 14:16 I attest to the accuracy and integrity of this document
CWP-11685-2025 2 under Section 148 of the Act, 1961 and all consequential actions, for AY 2015- 2016 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. (LISA GILL) (SUDEEPTI SHARMA) JUDGE JUDGE 06.05.2025
Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.05.12 14:16 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
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