GOPAL KRISHAN TALWAR vs. INCOME TAX OFFICER AND OTHERS

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CWP/5385/2025HC Punjab & HaryanaPHHC01030609202527 February 2025Bench: MR. JUSTICE ARUN PALLI,MRS. JUSTICE SUDEEPTI SHARMA2 pages
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What did the High Court hold?

The High Court allowed the writ petition, disposing of it in terms of the judgments in Jatinder Singh Bhangu vs. Union of India and Jasjit Singh vs. Union of India. In those cited cases, the writ petitions were allowed on similar issues, with liberty granted to the revenue to follow the prescribed procedure under the Act, 1961, and proceed accordingly if advised. The reasoning was based on the petitioner's contention regarding the lack of jurisdiction of the issuing officer due to the CBDT circular/notification dated March 29, 2022, which was not disputed by the revenue. The operative direction was to dispose of the petition in line with the precedent, implying the quashing of the impugned notice and allowing the revenue to re-initiate proceedings if they chose to do so following the correct procedure.

What were the facts?

The petitioner, Gopal Krishan Talwar, challenged a notice dated March 28, 2024, issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2017-2018. The notice was issued by the Income Tax Officer, Ward 5(1), Ludhiana. The petitioner argued that the issuing authority lacked jurisdiction due to a CBDT circular/notification dated March 29, 2022, which purportedly grants exclusive power to the National Faceless Assessment Centre (NFAC) to issue such notices. The revenue did not dispute this contention.

What were the issues?

1. Whether the Income Tax Officer, Ward 5(1), Ludhiana, had the jurisdiction to issue the notice under Section 148 of the Income Tax Act, 1961, for AY 2017-2018, in light of the CBDT circular/notification dated March 29, 2022, which allegedly vests exclusive power in the NFAC. Assessee's contention: The petitioner argued that the issuing officer lacked jurisdiction based on the CBDT circular/notification dated March 29, 2022, which purportedly grants exclusive power to the NFAC to issue notices under Section 148. The petitioner relied on the judgments in Jatinder Singh Bhangu vs. Union of India and Jasjit Singh vs. Union of India. Revenue's contention: The revenue 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-5385-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 140 CWP-5385-2025 (O&M) Date of Decision:-27.02.2025 Gopal Krishan Talwar ....Petitioner Vs. Income Tax Officer, Ward 5 (1) Ludhiana & ors. ...Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vishav Bharti Gupta, Advocate for the petitioner Mr. Ranvijay Singh, Sr. Standing counsel for the respondent. *** SUDEEPTI SHARMA, J. 1. Challenge in the instant writ petition is to notice dated 28.03.2024 issued under Section 148 of the Income Tax Act, 1961 (for short “Act 1961”) for AY 2017-2018. 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 Gaurav Arora 2025.03.04 11:15 I attest to the accuracy and integrity of this document

CWP-5385-2025 2 whole records of the case. 5. The petitioner has challenged the notice dated 28.03.2024 issued under Section 148 of the Act, 1961 for AY 2017-2018 issued by respondent No. 1, on the ground that he 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. (ARUN PALLI) (SUDEEPTI SHARMA) JUDGE JUDGE 27.02.2025

Gaurav Arora

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.03.04 11:15 I attest to the accuracy and integrity of this document

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