M/S OMAXE NEW CHANDIGARH DEVELOPERS PVT LTD vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE I AND OTHERS

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CWP/15671/2025HC Punjab & HaryanaPHHC01087698202528 May 2025Bench: MRS. JUSTICE LISA GILL,MRS. JUSTICE SUDEEPTI SHARMA2 pages
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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's case and Jasjit Singh's case. The reasoning was based on the petitioner's contention that the issuing authority lacked jurisdiction to issue the notice under Section 148 of the Income Tax Act, 1961, due to the CBDT circular dated March 29, 2022, which designates the NFAC with exclusive power. The revenue did not contest this point. Consequently, the Court followed the precedent set by its co-ordinate bench in similar cases. The operative direction was to grant liberty to the revenue to follow the procedure as laid down under the Act, 1961, and proceed accordingly, if so advised. No issue was expressly left undecided.

What were the facts?

The petitioner, M/s Omaxe New Chd. Developers Pvt. Ltd., challenged a notice dated March 22, 2023, issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2019-2020, and all consequential actions. The petitioner argued that the issuing authority lacked jurisdiction due to a CBDT circular dated March 29, 2022, which stipulated that the National Faceless Assessment Centre (NFAC) has exclusive power to issue such notices. The revenue, represented by the Dy. Commissioner of Income Tax, did not dispute this contention. The High Court of Punjab and Haryana at Chandigarh considered the present petition in light of previous judgments by a co-ordinate bench.

What were the issues?

1. Whether the notice dated 22.03.2023 issued under Section 148 of the Income Tax Act, 1961, for AY 2019-2020 is invalid on the ground that the issuing authority lacked jurisdiction in view of the CBDT circular dated 29.03.2022, which vests exclusive power to issue such notices with the NFAC? (Question of law and mixed fact and law, turning on Section 148 of the Act, 1961 and CBDT Circular dated 29.03.2022). Assessee's contention: The issuing authority had no jurisdiction to issue the notice under Section 148 of the Act, 1961, as per the CBDT circular dated 29.03.2022, which grants exclusive power to the NFAC. The petitioner relied on 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). Revenue's contention: The revenue 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-15671-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 274 CWP-15671-2025 (O&M) Date of Decision:-28.05.2025 M/s Omaxe New Chd. Developers Pvt. Ltd ....Petitioner Vs. Dy. Commissioner of Income Tax Central Circle I, Gurugram & ors. ...Respondents CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Chetan Mittal, Sr. Advocate with Mr. Rishabh Kapoor, Mr. Puneet Aggarwal, Mr. Yuvraj Singh, Mr. Himanshu Gupta, Advocates for the petitioner. Mr. Vaibhav Gupta, Standing counsel for the respondents. *** SUDEEPTI SHARMA, J. 1. Challenge in the present petition is to notice dated 22.03.2023 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and all consequential actions, for AY 2019-2020. 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. Sonia Arora 2025.05.31 16:28 I agree to specified portions of this document

CWP-15671-2025 2 5. The petitioner has challenged the notice dated 22.03.2023 issued under Section 148 of the Act, 1961 and all consequential actions, for AY 2019-2020 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 28.05.2025

Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sonia Arora 2025.05.31 16:28 I agree to specified portions of this document

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