DAVINDER KAUR vs. UNION OF INDIA AND OTHERS

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CWP/33491/2024HC Punjab & HaryanaPHHC01173596202412 December 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 must be followed strictly. The authorities cannot usurp legal provisions to their own satisfaction or convenience, causing hardship and confusion to assessees. Instructions can only supplement statutory provisions for their implementation. In light of the previous judgments in Jasjit Singh (supra) and Jatinder Singh Bhangu (supra), the Court found no occasion to take a different view. Consequently, the notices issued under Section 148 of the Income Tax Act, 1961, including those dated 27.03.2024, 28.02.2023, 16.03.2023, 20.03.2024, and 30.03.2023, and the consequential proceedings initiated by the Jurisdictional Assessing Officer, were set aside for want of jurisdiction. The Revenue was granted liberty to follow the procedure laid down under the Act, if advised. The writ petition and all pending applications were allowed, and interim orders were merged with the final order.

What were the facts?

The petitioner, Davinder Kaur, filed a writ petition challenging notices issued under Section 148 of the Income Tax Act, 1961, and subsequent proceedings. The Revenue, represented by the Union of India and others, accepted notice. Both parties agreed that the issue had been finally examined and concluded by the High Court in a previous case, CWP-21509 of 2023 (Jasjit Singh vs. Union of India and others), decided on 29.07.2024, and a similar case, CWP-157745 of 2024 (Jatinder Singh Bhangu vs. Union of India and others), decided on 19.07.2024. The High Court noted that notices dated 27.03.2024, 28.02.2023, 16.03.2023, 20.03.2024, and 30.03.2023, along with an order dated 30.03.2023, were issued for want of jurisdiction.

What were the issues?

1. Whether notices issued under Section 148 of the Income Tax Act, 1961, and subsequent proceedings, including faceless assessments under Section 144B, were valid when they were contrary to the provisions of the Act and the instructions issued by the Board, as held in previous judgments by the High Court? Assessee's Contention: The assessee relied on the decisions in CWP-21509 of 2023 (Jasjit Singh vs. Union of India and others) and CWP-157745 of 2024 (Jatinder Singh Bhangu vs. Union of India and others), arguing that the notices and proceedings were liable to be set aside for want of jurisdiction, as they were contrary to statutory provisions and the established law laid down by the High Court. Revenue's Contention: The Revenue, through its counsel, agreed that the issue had been finally examined and concluded by the High Court in the cited cases and did not present any separate arguments against the application of those precedents to the present case.

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

CWP-33491-202 113 IN TH DAVINDER UNION OF IN

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H Present: M

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SANJEEV P

1.

Notice 2. Mr. Sau respond 3. Both th petition No.215 decided No.157 24 (O&M) Page 1 of 3 HE HIGH COURT OF PUNJA CHANDIGAR

KAUR Vs.

NDIA AND OTHERS **** HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN **** Mr. Rishab Singla, Advocate wit Ms. Aakriti, Advocate for the petitioner. Mr. Saurabh Kapoor, Sr. Standin Ms. Pridhi Sandhu, Jr. Standing C Ms. Muskaan Gupta, Advocate for the respondents/Revenue. **** RAKASH SHARMA, J.(Oral) of motion. urabh Kapoor, Sr. Standing Cou dents/Revenue. he counsel are ad idem that the n stands finally examined and co 509 of 2023 titled as Jasjit Singh d on 29.07.2024, and by the 745 of 2024 titled as Jatinder Sin AB AND HARYANA AT RH CWP-33491-2024 (O&M) Date of Decision: 12.12.2024 . . . . Petitioner . . . . Respondents NJEEV PRAKASH SHARMA NJAY VASHISTH th ng Counsel with Counsel ) unsel accepts notice on behalf of e issue involved in the present oncluded by this Court in CWP h vs. Union of India and others, e Coordinate Bench in CWP ngh Bhangu vs. Union of India

) 4 r s f t P , P a MOHIT GOYAL 2024.12.12 17:27 I attest to the accuracy and integrity of this document

CWP-33491-202 and oth held as b i o o i m S S a s a t a s i n s w C u i a A p d 24 (O&M) Page 2 of 3 hers, decided on 19.07.2024. Th under: “16. We are in agreemen by the Coordinate Bench and hol nstructions by the Board could n override statutory provisions or t obsolete. Legislative enactmen mplications are required to be mandatorily. By exercising the 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 mplementation. 17. In view of the aforesa no occasion to distinguish or ta suggested by the learned counse what has already been held by th 18. Keeping in view the Coordinate Bench (supra), notic under Section 148 of the Act, 196 nitiated thereafter without con assessment as envisaged under Act, 1961, have been found to provisions of the Act, 1961 an dated 28.02.2023, 16.03.202 his Court in Jasjit Singh (supra) nt with the view taken ld that such circular or not have been issued to to make them otiose or nts having financial followed strictly and powers contained in 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 aid discussion, there is ake a different view as el for the revenue from he Coordinate Bench. law laid down by the ces issued by the JAO 61 and the proceedings nducting the faceless r Section 144B of the o be contrary to the d accordingly notices 23, 20.03.2024 and

) MOHIT GOYAL 2024.12.12 17:27 I attest to the accuracy and integrity of this document

CWP-33491-202 3 f a t i w 4. Keepin terms. mutand issued Jurisdic proceed 5. All pen

December 12, Mohit goyal 1. Whethe 2. Whethe 24 (O&M) Page 3 of 3 30.03.2023 and order dated 30. for want of jurisdiction. 19. The respondents-reven at liberty to follow the procedur the Act, 1961 and proceed accord 20. All the writ petition nterim order passed by the Cou with the present order.”

ng in view above, we allow this The observations and order pa dis to the present case. Accord under Section 148 of the ctional Assessing Officer as dings are set aside. nding applications also stand disp

(SANJ 2024 r speaking/reasoned?

Y r reportable?

Y 03.2023, are set aside nue would be, however, re as laid down under dingly, if so advised. ns are allowed. The urt shall stand merged s Writ Petition in the aforesaid assed above shall apply mutatis dingly, notice dated 27.03.2024 Income Tax Act, 1961 by s well as the consequential posed of accordingly. JEEV PRAKASH SHARMA) JUDGE

(SANJAY VASHISTH) JUDGE Yes/No Yes/No

d s 4 y l MOHIT GOYAL 2024.12.12 17:27 I attest to the accuracy and integrity of this document

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