OM PARKASH vs. INCOME TAX OFFICER AND OTHERS

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CWP/14533/2025HC Punjab & HaryanaPHHC01077832202522 May 2025Bench: MRS. JUSTICE LISA GILL,MRS. JUSTICE SUDEEPTI SHARMA2 pages
AI SummaryRemanded

What did the High Court hold?

The High Court held that the issue raised by the petitioner was covered by previous judgments of a Co-ordinate Bench in Jatinder Singh Bhangu vs. Union of India and Jasjit Singh vs. Union of India. In those cases, writ petitions were allowed on similar grounds, granting liberty to the revenue to follow the prescribed procedure under the Act if so advised. Consequently, the present writ petition was disposed of in terms of these earlier judgments. The operative direction was to dispose of the writ petition in terms of the cited precedents, allowing the revenue to proceed as per law. No specific issue was left undecided.

What were the facts?

The petitioner, Om Parkash, challenged a notice dated 29.03.2025 issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2021-2022, and all consequential actions. The petitioner argued that the issuing authority lacked jurisdiction due to a CBDT circular dated 29.03.2022, which vests exclusive power to issue such notices in the National Faceless Assessment Centre (NFAC). The respondents, represented by the Income Tax Officer and others, did not dispute the petitioner's contention. The High Court perused the records and heard the counsel for both parties.

What were the issues?

1. Whether the notice dated 29.03.2025 issued under Section 148 of the Income Tax Act, 1961, for AY 2021-2022 is without jurisdiction, in light of the CBDT circular dated 29.03.2022 vesting exclusive power in the NFAC? Assessee's Contention: The petitioner argued that the notice was issued without jurisdiction as per the CBDT circular dated 29.03.2022, which mandates that only the NFAC has the exclusive power to issue notices under Section 148 of the Act. 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 learned counsel for the Union of India did not dispute the petitioner's contentions.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

CWP-14533-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 165

CWP-14533-2025 (O&M) Date of Decision:-22.05.2025 Om Parkash ....Petitioner Vs. Income Tax Officer, Ward 2 (3), Abohar & 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. Ms. Urvashi Dhugga, Sr. Standing counsel for the respondents. *** SUDEEPTI SHARMA, J. 1. Challenge in the present petition is to notice dated 29.03.2025 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and all consequential actions, 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 whole records of the case. 5. The petitioner has challenged the notice dated 29.03.2025 issued Gaurav Arora 2025.05.27 12:52 I attest to the accuracy and integrity of this document

CWP-14533-2025 2 under Section 148 of the Act, 1961 and all consequential actions, for AY 2021- 2022, 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 22.05.2025

Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.05.27 12:52 I attest to the accuracy and integrity of this document

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