OM METALLOGIC LIMITED vs. INCOME TAX OFFICER WARD 2 3 FARIDABAD

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CWP/22545/2024HC Punjab & HaryanaPHHC01118528202406 September 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH3 pages
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What did the High Court hold?

The High Court held that circulars or instructions issued by the Board cannot override statutory provisions or render them otiose. Legislative enactments must be followed strictly and mandatorily. The Court found that authorities cannot usurp legal provisions for their convenience, causing hardship and confusion to taxpayers. Instructions and circulars can only supplement statutory provisions for their implementation. Following the law laid down by the Coordinate Bench in Jasjit Singh and Jatinder Singh Bhangu, the Court held that notices issued by the JAO under Section 148 and proceedings initiated thereafter without conducting faceless assessment under Section 144B are contrary to the Act. Consequently, the notices dated 19.04.2024 and all consequential proceedings in the present writ petition were set aside for want of jurisdiction. The revenue was granted liberty to follow the prescribed procedure if advised. The Court allowed the writ petition, and the interim order stood merged with the final order.

What were the facts?

The petitioner, Om Metallogi Limited, filed a writ petition before the Punjab and Haryana High Court challenging notices issued by the Jurisdictional Assessing Officer (JAO) under Section 148 of the Income Tax Act, 1961, and subsequent proceedings. The petitioner argued that these actions were taken without conducting a faceless assessment as mandated by Section 144B of the Act. The revenue accepted that the substantial issue involved was finally examined and concluded by the Court in previous writ petitions, specifically CWP No. 21509 of 2023 (Jasjit Singh vs. Union of India and others) and CWP No. 1574 of 2024 (Jatinder Singh Bhangu vs. Union of India and others), decided on July 29, 2024, and July 19, 2024, respectively. The present writ petition was filed on September 6, 2024.

What were the issues?

1. Whether notices issued by the JAO under Section 148 of the Income Tax Act, 1961, and subsequent proceedings initiated without conducting a faceless assessment as envisaged under Section 144B of the Act, are contrary to the provisions of the Act, 1961. Assessee's Contention: The assessee contended that the notices and proceedings were invalid because they bypassed the mandatory faceless assessment procedure stipulated under Section 144B of the Act. The assessee relied on the decisions of the Coordinate Bench in Jasjit Singh and Jatinder Singh Bhangu. Revenue's Contention: The revenue, through its counsel, accepted that the substantial issue involved had been finally examined and concluded by the Court in previous writ petitions. The revenue did not suggest any grounds to distinguish the present case from the precedents cited.

Which sections of the Income-tax Act were involved?

Section 148,Section 144B,Section 119,Section 120

AI-generated summary — verify with the full judgment below

115

I Om Metallogi

Income Tax O

CORAM: H

Present M

SANJEEV P 1.

N 2.

M of the revenue 3.

L issue involved by this Court India and oth CWP No.1574 and others, de under: “ B c m f IN THE HIGH COURT OF PUN AT CHANDIGA C D ic Limited

Vs. Officer and others

HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN Mr. Kunwar Ranjan, Advocate fo ***

RAKASH SHARMA, J.(Oral) Notice of motion. Mr. Varun Issar, Sr. Standing C e. Learned counsel for the parties d in the present petition stands f in CWP No.21509 of 2023 title hers, decided on 29.07.2024, an 745 of 2024 titled as Jatinder Sin ecided on 19.07.2024. This Cour “16. We are in agreement with th Bench and hold that such circul could not have been issued to ove make them otiose or obsolete. financial implications are requi NJAB AND HARYANA ARH CWP-22545-2024 (O&M) Date of Decision: 06.09.2024

…Petitioner

…Respondents NJEEV PRAKASH SHARMA NJAY VASHISTH or the petitioner.

) Counsel, accept notice on behalf are ad idem that the substantial finally examined and concluded ed as Jasjit Singh vs. Union of nd by the Coordinate Bench in ngh Bhangu vs. Union of India rt in Jasjit Singh (supra) held as he view taken by the Coordinate lar or instructions by the Board erride statutory provisions or to Legislative enactments having ired to be followed strictly and f l d f n a s e d

g d RAJESH KUMAR 2024.09.09 13:02 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.

[2]

CWP- 22545-2024 (O&M)

mandatorily. By exercising the powers contained in Sections 119 and 120 of the Act, 1961 as well as Section 144B (7 & 8), the authorities cannot be allowed to usurp the legal provisions to their own satisfaction and convenience causing hardship to the assessees. It also leaves confusion in the minds of the taxpayers. In the opinion of this Court, instructions and circulars can be issued only for the purpose of supplementing the statutory provisions and for their implementation. 17. In view of the aforesaid discussion, there is no occasion to distinguish or take a different view as suggested by the learned counsel for the revenue from what has already been held by the Coordinate Bench. 18. Keeping in view the law laid down by the Coordinate Bench (supra), notices issued by the JAO under Section 148 of the Act, 1961 and the proceedings initiated thereafter without conducting the faceless assessment as envisaged under Section 144B of the Act, 1961, have been found to be contrary to the provisions of the Act, 1961 and accordingly notices dated 28.02.2023, 16.03.2023, 20.03.2024 and 30.03.2023 and order dated 30.03.2023, are set aside for want of jurisdiction. 19. The respondents-revenue would be, however, at liberty to follow the procedure as laid down under the Act, 1961 and proceed accordingly, if so advised. 20. All the writ petitions are allowed. The interim order passed by the Court shall stand merged with the present order.”

RAJESH KUMAR 2024.09.09 13:02 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.

[3]

CWP- 22545-2024 (O&M)

Keeping in view above, we allow this Writ Petition in the aforesaid terms. The observations and order passed above shall apply mutatis mutandis to the present case. Accordingly, notice issued by the Jurisdictional Assessing Officer under Section 148 dated 19.04.2024, and all consequential proceedings are set aside. 5.

All pending applications also stand disposed of accordingly.

(SANJEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH)

JUDGE 06.09.2024 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable?

: Yes/No

RAJESH KUMAR 2024.09.09 13:02 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.

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