MAHINDER AGGARWAL vs. UNION OF INDIA AND OTHERS

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CWP/31006/2024HC Punjab & HaryanaPHHC01159521202418 November 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 obsolete. Legislative enactments with financial implications must be followed strictly and mandatorily. Authorities cannot usurp legal provisions for their convenience, causing hardship to assessees, by exercising powers under Sections 119, 120, and 144B(7 & 8) of the Act. Instructions and circulars can only supplement statutory provisions. Consequently, notices issued by the JAO under Section 148 of the Act and subsequent proceedings initiated without conducting faceless assessment as envisaged under Section 144B of the Act, 1961, were found to be contrary to the provisions of the Act and set aside for want of jurisdiction. The revenue was granted liberty to follow the procedure laid down under the Act. In the present case, the notice issued by the JAO u/s 148A(b), order u/s 148A(d), and notice u/s 148, along with consequential proceedings, were set aside.

What were the facts?

The petitioner, Mahinder Aggarwal, filed a writ petition before the High Court of Punjab and Haryana at Chandigarh. The petition challenged notices and an order issued under the Income Tax Act, 1961. The revenue, Union of India and others, accepted notice. Both parties agreed that the issue was concluded by previous judgments of the High Court in CWP No.21509 of 2023 (Jasjit Singh vs. Union of India) decided on 29.07.2024, and CWP No.15745 of 2024 (Jatinder Singh Bhangu vs. Union of India) decided on 19.07.2024. The High Court in Jasjit Singh had examined the validity of notices issued by the Jurisdictional Assessing Officer (JAO) without conducting faceless assessment as envisaged under Section 144B of the Act.

What were the issues?

1. Whether notices issued by the Jurisdictional Assessing Officer (JAO) under Section 148A(b) of the Income Tax Act, 1961, and subsequent order under Section 148A(d) and notice under Section 148, are valid when faceless assessment under Section 144B of the Act was not conducted? (Question of law and mixed fact and law, turning on Section 144B and Section 148A). Assessee's contention: The assessee implicitly argued, by relying on previous judgments, that notices and proceedings initiated without conducting faceless assessment under Section 144B are contrary to the Act and thus without jurisdiction. Revenue's contention: The revenue, by agreeing with the previous judgments, did not contest the assessee's position. The High Court in Jasjit Singh noted that the revenue suggested a distinction or a different view, but the Coordinate Bench did not find any occasion to do so.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

CWP-31006-2024 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 158 CWP-31006-2024

Decided on : 18.11.2024 Mahinder Aggarwal . . . Petitioner(s) Versus Union of India and others . . . Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Kashish Sahni, Advocate for the petitioner(s). Mr. Saurabh Kapoor, Sr. Standing Counsel and Ms. Pridhi Sandhu, Jr. Standing Counsel for the respondent(s) - revenue. **** SANJEEV PRAKASH SHARMA

, J. (Oral) 1. Notice of motion. 2. Mr. Saurabh Kapoor, Sr. Standing Counsel and Ms. Pridhi Sandhu, Jr. Standing Counsel, accept notice for the respondents - revenue. 3. Both the counsel are ad idem that the issue involved in the present petition stands finally examined and concluded by this Court in CWP No.21509 of 2023 titled as Jasjit Singh vs. Union of India and others, decided on 29.07.2024, and by the Coordinate Bench in CWP No.15745 of 2024 titled as Jatinder Singh Bhangu vs. Union of India and others, decided on 19.07.2024. This Court in Jasjit Singh (supra) held as under: “16. We are in agreement with the view taken by the Coordinate Bench and hold that such circular or instructions by the Board could not have been issued to override statutory provisions or to make them otiose or obsolete. Legislative enactments having JAWALA RAM 2024.11.19 14:25 I attest to the accuracy and authenticity of this document

CWP-31006-2024 - 2 - financial implications are required to be followed strictly and 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.” JAWALA RAM 2024.11.19 14:25 I attest to the accuracy and authenticity of this document

CWP-31006-2024 - 3 - 4. 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 u/s 148A(b) of the Income Tax Act, 1961, dated 25.03.2023, order issued u/s 148A(d) of the Act, dated 06.04.2023 and notice issued u/s 148 of the Act, dated 06.04.2023, as well as consequential proceedings are set aside. 5. All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA) JUDGE (SANJAY VASHISTH) JUDGE November 18, 2024 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2024.11.19 14:25 I attest to the accuracy and authenticity of this document

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