RAKESH KUMAR GABA vs. UNION OF INDIA AND OTHERS
What did the High Court hold?
The High Court allowed the writ petition, disposing of it in terms of the judgments in Jatinder Singh Bhangu vs. Union of India and Jasjit Singh vs. Union of India. These prior judgments had allowed similar writ petitions on the same issue, granting liberty to the revenue to follow the procedure laid down under the Act, 1961, and proceed accordingly if so advised. The reasoning was based on the precedent set by the co-ordinate benches. The operative direction was to dispose of the petition in terms of the aforementioned judgments, implying that the impugned notices were set aside, with liberty to the revenue to re-issue them following the correct procedure. No issue was expressly left undecided.
What were the facts?
The petitioner, Rakesh Kumar Gaba, challenged an intimation dated 28.06.2024 and a notice dated 26.03.2024, both issued under Section 148 of the Income Tax Act, 1961, concerning Assessment Year 2020-2021. The petitioner argued that the issuing authority lacked jurisdiction due to a CBDT circular dated 29.03.2022, which purportedly grants exclusive power to the National Faceless Assessment Centre (NFAC) to issue such notices. The respondent, Union of India, did not dispute the petitioner's contention regarding the applicability of prior judgments.
What were the issues?
1. Whether the notice dated 26.03.2024 and intimation dated 28.06.2024 issued under Section 148 of the Income Tax Act, 1961, for AY 2020-2021 are without jurisdiction, in light of the CBDT circular dated 29.03.2022 granting exclusive power to the NFAC to issue such notices? Assessee's contention: The issuing authority lacked jurisdiction as per the CBDT circular dated 29.03.2022, which vests exclusive power to issue Section 148 notices with the NFAC. The petitioner relied on the judgments in Jatinder Singh Bhangu vs. Union of India and Jasjit Singh vs. Union of India. Revenue's contention: The revenue did not dispute the petitioner's contention regarding 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-1169-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 126 CWP-1169-2025 (O&M) Date of Decision:-17.01.2025 Rakesh Kumar Gaba ....Petitioner Vs. Union of India & ors. ...Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Ms. Aakriti, Advocate for the petitioner Mr. Varun Issar, Sr. Standing counsel for the respondent-Union of India. *** SUDEEPTI SHARMA, J. 1. Challenge in the instant writ petition is to intimation dated 28.06.2024 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) & notice dated 26.03.2024 issued under Section 148 of the Act and conseuqential proceedings, 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. Gaurav Arora 2025.01.21 14:32 I attest to the accuracy and integrity of this document
CWP-1169-2025 2 4. We have heard learned counsel for the parties and perused the whole records of the case. 5. The petitioner has challenged the intimation dated 28.06.2024 issued under Section 148 of the Act, 1961 & notice dated 26.03.2024 issued under Section 148 of the Act and conseuqential proceedings, 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 17.01.2025
Gaurav Arora
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.01.21 14:32 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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