SURASTI OVERSEAS PRIVATE LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX AND ORS

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CWP/8473/2025HC Punjab & HaryanaPHHC01048319202528 March 2025Bench: MR. JUSTICE ARUN PALLI,MRS. JUSTICE SUDEEPTI SHARMA2 pages
AI SummaryRemanded

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. These prior judgments had allowed writ petitions on similar grounds, holding that the issuing authority lacked jurisdiction. The Court granted liberty to the revenue to follow the procedure laid down under the Act, 1961, and proceed accordingly if so advised. The operative direction was to dispose of the petition in terms of the cited precedents, effectively quashing the notice and consequential actions challenged.

What were the facts?

The petitioner, Surasti Overseas Pvt. Ltd., challenged a notice dated March 7, 2025, issued under Section 148 of the Income Tax Act, 1961, for Assessment Year 2017-2018, along with all consequential actions. The petitioner argued that the issuing authority lacked jurisdiction due to a CBDT circular dated March 29, 2022, which purportedly grants exclusive power to the National Faceless Assessment Centre (NFAC) to issue such notices. The revenue, represented by the Assistant Commissioner of Income Tax, did not dispute the petitioner's contention regarding the applicability of previous judgments.

What were the issues?

1. Whether the notice dated 07.03.2025 issued under Section 148 of the Income Tax Act, 1961, for AY 2017-2018 is invalid due to lack of jurisdiction of the issuing authority, in light of the CBDT circular dated 29.03.2022? Assessee's contention: The issuing authority lacked jurisdiction to issue the notice under Section 148 as the CBDT circular dated 29.03.2022 vests exclusive power in the NFAC to issue such notices. The assessee 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-8473-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 129

CWP-8473-2025 (O&M) Date of Decision:-28.03.2025 Surasti Overseas Pvt. Ltd. ....Petitioner Vs. Asstt. Commissioner Income Tax, Central Circle 2, Gurgaon (2) & ors. ...Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Nikhil Goyal and Mr. Rana Gurtej Singh, Advocates, for the petitioner. Ms. Gauri Neo Rampal, Sr. Standing counsel with Mr. V. Vedika Rao, Advocate for the respondent. *** SUDEEPTI SHARMA, J. 1. Challenge in the present petition is to notice dated 07.03.2025 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and all consequential actions, 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. Gaurav Arora 2025.04.03 15:20 I attest to the accuracy and integrity of this document

CWP-8473-2025 2 4. We have heard learned counsel for the parties and perused the whole records of the case. 5. The petitioner has challenged the notice dated 07.03.2025 issued under Section 148 of the Act, 1961 and all consequential actions, for AY 2017-2018 on the ground that the Issuing Authority 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 28.03.2025

Gaurav Arora

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.04.03 15:20 I attest to the accuracy and integrity of this document

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