SHIVALIKVIEW STEEL TRADING PVT LTD vs. UNION OF INDIA AND OTHERS

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CWP/31513/2024HC Punjab & HaryanaPHHC01162807202422 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 notices issued under Section 148 of the Income Tax Act, 1961, and subsequent proceedings initiated without conducting a faceless assessment as envisaged by Section 144B of the Act, are contrary to the provisions of the Act. The Court relied on its previous decisions in Jasjit Singh vs. Union of India and Jatinder Singh Bhangu vs. Union of India. In those judgments, the Court had held that circulars or instructions from the Board cannot override statutory provisions or render them obsolete. Legislative enactments with financial implications must be followed strictly. The Court observed that the powers under Sections 119 and 120, read with Section 144B(7 & 8), cannot be exercised to usurp legal provisions for convenience, causing hardship and confusion to assessees. Instructions can only supplement statutory provisions and aid implementation. Consequently, the notices dated 04.05.2023, 28.02.2023, 16.03.2023, 20.03.2024, and 30.03.2023, along with all consequential proceedings, were set aside for want of jurisdiction. The revenue was granted liberty to follow the procedure laid down under the Act if so advised. The interim orders stood merged with the final order.

What were the facts?

The petitioner, Ess Kay Steel Trading Pvt. Ltd., filed a writ petition challenging a notice dated 04.05.2023 issued by the Jurisdictional Assessing Officer under Section 148 of the Income Tax Act, 1961, and subsequent consequential proceedings. The petitioner argued that these proceedings were initiated without conducting a faceless assessment as envisaged by Section 144B of the Act. The revenue, represented by the Income Tax Department, accepted notice. The High Court noted that similar issues had been decided by its Coordinate Benches in previous cases, namely, Jasjit Singh vs. Union of India and Jatinder Singh Bhangu vs. Union of India, both decided on 19.07.2024. The present petition was filed in 2024.

What were the issues?

1. Whether notices issued under Section 148 of the Income Tax Act, 1961, and subsequent proceedings initiated without conducting a faceless assessment as per Section 144B of the Act, are valid and have jurisdiction. (Mixed question of law and fact, turning on Sections 148 and 144B of the Income Tax Act, 1961). Assessee's Contention: The proceedings initiated under Section 148 and subsequent actions are invalid because they were not conducted through the faceless assessment procedure mandated by Section 144B of the Act. The petitioner relies on the decisions of the Coordinate Benches in Jasjit Singh vs. Union of India and Jatinder Singh Bhangu vs. Union of India. Revenue's Contention: The revenue, through its counsel, accepted notice and did not present any arguments against the petitioner's claim, implicitly agreeing with the precedent set by the Coordinate Benches.

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

127 IN TH SHIVALIKVIE

UNION OF IN

CORAM: H

Present: M M M f

* SANJEEV PR

1.

N 2. M behalf of the r 3. B present petitio No.21509 of decided on 29 2024 titled a decided on 19

C i o o i m HE HIGH COURT OF PUNJA CHANDIGAR

CWP-3 Date of EW STEEL TRADING PVT. LTD V NDIA AND OTHERS

HON'BLE MR. JUSTICE SANJ HON'BLE MR. JUSTICE SANJ

Mr. Prateek Gupta, Advocate for Mr. Yogesh Putney, Senior Stand Mr. Vaibhav Gupta, Standing Co for the respondent-Income Tax D ***** RAKASH SHARMA, J. (Oral) Notice of motion. Mr. Yogesh Putney, Senior Stan respondents/Income Tax Departm Both the counsel are ad idem on stands finally examined and c f 2023 titled as Jasjit Singh vs 9.07.2024, and by the Coordina as Jatinder Singh Bhangu vs. 9.07.2024. This Court in Jasjit Si “16. We are in agreement with Coordinate Bench and hold t instructions by the Board could n override statutory provisions or t obsolete. Legislative enactmen implications are required to be mandatorily. By exercising the AB AND HARYANA AT RH 31513-2024 (O&M) f Decision:22.11.2024 D.

..…...Petitioner(s) V/s. …......Respondent(s) NJEEV PRAKASH SHARMA NJAY VASHISTH r the petitioner.

ding Counsel, with ounsel, Department. nding Counsel, accepts notice on ment. that the issue involved in the concluded by this Court in CWP s. Union of India and others, ate Bench in CWP No.15745 of . Union of India and others, Singh (supra) held as under: the view taken by the that such circular or not have been issued to to make them otiose or nts having financial e followed strictly and powers contained in

n e P , f , Suresh Kumar 2024.11.25 14:09 I attest to the accuracy and integrity of this document

CWP-31513-202

S S a s a t a s i 1 o s w 1 C u p f o p d 3 f 1 l A 2 o p

4.

K aforesaid term mutandis to (Annexure P- 024 (O&M) Page 2 of 3

Sections 119 and 120 of the A Section 144B (7 & 8), the a allowed to usurp the legal pro satisfaction and convenience ca assessees. It also leaves confusio taxpayers. In the opinion of th and circulars can be issued on supplementing the statutory pro implementation. 17. In view of the aforesaid d occasion to distinguish or take suggested by the learned counse what has already been held by th 18. Keeping in view the law Coordinate Bench (supra), notic under Section 148 of the proceedings initiated thereafter w faceless assessment as envisage of the Act, 1961, have been foun provisions of the Act, 1961 an dated 28.02.2023, 16.03.202 30.03.2023 and order dated 30. for want of jurisdiction. 19. The respondents-revenue w liberty to follow the procedure a Act, 1961 and proceed according 20. All the writ petitions are order passed by the Court shall present order.” Keeping in view above, we a ms. The observations and order p the present case. According -3) issued by the Jurisdictional A Act, 1961 as well as authorities cannot be ovisions to their own ausing hardship to the on in the minds of the his Court, instructions nly for the purpose of ovisions and for their discussion, there is no e a different view as el for the revenue from he Coordinate Bench. w laid down by the ces issued by the JAO Act, 1961 and the without conducting the ed under Section 144B d to be contrary to the nd accordingly notices 23, 20.03.2024 and 03.2023, are set aside would be, however, at as laid down under the gly, if so advised. allowed. The interim stand merged with the allow this Writ Petition in the passed above shall apply mutatis gly, notice dated 04.05.2023 Assessing Officer u/s 148 of the e s 3 e Suresh Kumar 2024.11.25 14:09 I attest to the accuracy and integrity of this document

CWP-31513-202

Income Tax aside. 5. A

November 22 Ess Kay

Whether speak Whether Repor 024 (O&M) Page 3 of 3

Act, 1961 and all consequenti All pending applications also stan [SANJEEV 2, 2024

[SAN

king / reasoned :

Y rtable

Y ial proceedings thereof are set nd disposed of accordingly.

V PRAKASH SHARMA] JUDGE

NJAY VASHISTH] JUDGE Yes / No Yes / No t Suresh Kumar 2024.11.25 14:09 I attest to the accuracy and integrity of this document

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