M/S OMAXE BUILDWELL LTD vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE I AND OTHERS

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CWP/16169/2025HC Punjab & HaryanaPHHC01089747202528 May 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. The Court noted 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 others (decided on 19.07.2024) and Jasjit Singh vs. Union of India and others (decided on 29.07.2024). In those cases, the writ petitions were allowed, granting liberty to the revenue to follow the procedure laid down under the Act, 1961, and proceed accordingly if advised. Consequently, the present writ petition was disposed of in terms of these prior judgments. The operative direction was to dispose of the writ petition in terms of the cited precedents, implying the quashing of the impugned notice and consequential actions, with liberty to the revenue to re-initiate proceedings correctly if they chose to do so.

What were the facts?

The petitioner, M/s Omaxe Buildwell Ltd., challenged a notice dated 21.03.2023 issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2020-2021, along with all consequential actions. The petitioner argued that the issuing authority lacked jurisdiction due to a CBDT circular/notification dated 29.03.2022, which purportedly granted exclusive power to the National Faceless Assessment Centre (NFAC) to issue such notices. The revenue, represented by the Dy. Commissioner of Income Tax, did not dispute the petitioner's contention regarding the applicability of previous judgments.

What were the issues?

1. Whether the notice dated 21.03.2023 issued under Section 148 of the Income Tax Act, 1961, for AY 2020-2021 is without jurisdiction, in light of the CBDT circular/notification dated 29.03.2022, which allegedly vests exclusive power in the NFAC to issue such notices? Assessee's contention: The issuing authority lacked jurisdiction to issue the notice under Section 148 of the Act, 1961, as per the CBDT circular/notification dated 29.03.2022, which specifically states that the NFAC has exclusive power for such issuances. 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-16169-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 290 CWP-16169-2025 (O&M) Date of Decision:-28.05.2025 M/s Omaxe Buildwell 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 21.03.2023 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and all consequential actions, 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. 4. We have heard learned counsel for the parties and perused the whole records of the case. Sonia Arora 2025.05.31 16:09 I agree to specified portions of this document

CWP-16169-2025 2 5. The petitioner has challenged the notice dated 21.03.2023 issued under Section 148 of the Act, 1961 and all consequential actions, 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. (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 16:09 I agree to specified portions of this document

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