SANGITA GUPTA vs. INCOME TAX OFFICER AND OTHERS

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CWP/17861/2025HC Punjab & HaryanaPHHC01097687202503 July 2025Bench: MRS. JUSTICE LISA GILL,MRS. JUSTICE SUDEEPTI SHARMA2 pages
AI SummaryRemanded

What did the High Court hold?

The High Court disposed of the writ petition in terms of its previous judgments in Jatinder Singh Bhangu's case and Jasjit Singh's case. In those cases, the Co-ordinate Bench had allowed the writ petitions on similar issues, 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 petitioner's contention that the issuing authority lacked jurisdiction due to the CBDT circular dated 29.03.2022, which was not disputed by the revenue. The ratio decidendi is that if a notice under Section 148 is issued by an authority without the requisite jurisdiction as per prevailing circulars, and this is not contested by the revenue, the notice can be quashed with liberty to the revenue to re-initiate proceedings correctly. The operative direction was to dispose of the petition in terms of the cited precedents.

What were the facts?

The petitioner, Sangita Gupta, challenged a notice dated 27.03.2025 issued under Section 148 of the Income Tax Act, 1961, and all consequential actions for Assessment Year 2021-2022. The challenge was based on the contention that the issuing authority lacked jurisdiction. The petitioner argued that a CBDT circular/notification dated 29.03.2022 vested exclusive power to issue such notices with the National Faceless Assessment Centre (NFAC). The revenue, represented by the Senior Standing Counsel, did not dispute this contention. The High Court had previously dealt with similar issues in connected cases.

What were the issues?

1. Whether the notice dated 27.03.2025 issued under Section 148 of the Income Tax Act, 1961, for AY 2021-2022 is invalid due to lack of jurisdiction by the issuing authority, in light of the CBDT circular/notification dated 29.03.2022 which purportedly grants exclusive power to the NFAC to issue such notices? Assessee's Contention: The petitioner argued that the issuing authority lacked jurisdiction to issue the Section 148 notice, relying on the CBDT circular/notification dated 29.03.2022, which allegedly states that the NFAC has exclusive power. The petitioner cited 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) as covering the present issue. Revenue's Contention: The learned counsel appearing for the Union of India 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-17861-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 160 CWP-17861-2025 (O&M) Date of Decision:-03.07.2025 Sangita Gupta ....Petitioner Vs. Income Tax Officer, Ward 7 (1), Ludhiana, Punjab & ors. ...Respondents CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vishav Bharti Gupta and Ms. Mamta Gupta, Advocates for the petitioner. Mr. Ranvijay Singh, Sr. Standing counsel for the respondents *** SUDEEPTI SHARMA, J. 1. Challenge in the present petition is to notice dated 27.03.2025 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 27.03.2025 issued Gaurav Arora 2025.07.09 10:13 I attest to the accuracy and integrity of this document

CWP-17861-2025 (O&M) 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 03.07.2025

Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.07.09 10:13 I attest to the accuracy and integrity of this document

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