Allowed

Nisha Choujar v. Union of India and Others

Punjab & Haryana HC9 Dec 2024CWP/33049/2024

Case brief

AI extract

What is this about?

Writ petition challenging a Section 148 reassessment notice issued without faceless assessment under Section 144B. Following prior decisions, the court applied those findings mutatis mutandis, set aside the notice and consequential proceedings, and allowed the petition.

What did the court decide?

Section 148 notice dated 06.03.2024 and consequential proceedings set aside; petition allowed with pending applications disposed of.

Nisha Choujar Vs Union of India and Others — Income Tax | Punjab & Haryana HC (2024)

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CWP-33049-2024 (O&M)

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Page 1 of 3

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123

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-33049-2024 (O&M) Date of Decision: 09.12.2024

NISHA CHOUJAR

. . . . Petitioner

Vs.

UNION OF INDIA AND OTHERS

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. . . . Respondents

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CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH

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Present: Mr. Manpreet Singh Kanda, Advocate, and Mr. Rohit Kapoor, Advocate, for the petitioner.

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Mr. Yogesh Putney, Sr. Standing Counsel, and Mr. Vaibhav Gupta, Standing Counsel, for the respondents/Revenue.

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SANJEEV PRAKASH SHARMA, J.(Oral)

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Notice of motion.

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Mr. Yogesh Putney, Sr. Standing Counsel, and Mr. Vaibhav Gupta, Standing Counsel, accept notice on behalf of respondents/Revenue.

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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:

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LAVISHA 2024.12.11 11:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh

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CWP-33049-2024 (O&M)

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Page 2 of 3

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“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 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.

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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.

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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.

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LAVISHA 2024.12.11 11:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh

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CWP-33049-2024 (O&M)

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Page 3 of 3

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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.

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20. All the writ petitions are allowed. The interim order passed by the Court shall stand merged with the present order.”

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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 dated 06.03.2024 issued under Section 148 of the Income Tax Act, 1961 by Jurisdictional Assessing Officer as well as the consequential proceedings are set aside.

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