HARPREET SINGH vs. INCOME TAX OFFICER AND OTHERS

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CWP/17892/2025HC Punjab & HaryanaPHHC01094767202503 July 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 involved in the present writ petition was covered by previous judgments of a Co-ordinate Bench of the same Court in Jatinder Singh Bhangu's case and Jasjit Singh's case. In those cases, the writ petitions were allowed on similar grounds, with liberty granted to the revenue to follow the procedure laid down under the Income Tax 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 petition in terms of the cited precedents, implying that the notice was likely quashed, with the revenue having the option to issue a fresh notice following the correct procedure. All pending applications were also disposed of.

What were the facts?

The petitioner, Harpreet Singh, challenged a notice dated 03.04.2024 issued under Section 148 of the Income Tax Act, 1961, and all consequential actions for Assessment Year 2020-2021. The petitioner argued that the issuing authority lacked jurisdiction due to a CBDT circular dated 29.03.2022, which stipulated that the National Faceless Assessment Centre (NFAC) has exclusive power to issue such notices. The revenue, represented by the Income Tax Officer, Ward-10, Barnala, and others, did not dispute this contention. The High Court of Punjab and Haryana at Chandigarh considered the matter.

What were the issues?

1. Whether the notice dated 03.04.2024, issued under Section 148 of the Income Tax Act, 1961, for AY 2020-2021, is invalid on the ground that the issuing authority lacked jurisdiction in light of the CBDT circular dated 29.03.2022, which vests exclusive power to issue such notices in the NFAC? (Question of law). Assessee's contention: The petitioner argued that the notice was issued by an authority without jurisdiction, citing the CBDT circular dated 29.03.2022. They relied on the judgments of a Co-ordinate Bench of the High Court 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 learned counsel 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-17892-2025 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 173

CWP-17892-2025 Date of decision: 03.07.2025 Harpreet Singh ...Petitioner Versus Income Tax officer, Ward-10, Barnala and 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. Vaibhav Gupta, Standing counsel for the respondents. *** SUDEEPTI SHARMA, J. 1. Challenge in the present petition is to notice dated 03.04.2024 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. Gaurav Arora 2025.07.14 16:28 I attest to the accuracy and integrity of this document

CWP-17892-2025 [2] 5. The petitioner has challenged the notice dated 03.04.2024 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 03.07.2025 Gaurav Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Gaurav Arora 2025.07.14 16:28 I attest to the accuracy and integrity of this document

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