Disposed¶26

Sharda Sharma v. Income Tax Officer and Others

Punjab & Haryana HC21 May 2025CWP/11432/2025

Case brief

AI extract

What is this about?

CWP-11432-2025 (O&M); High Court of Punjab and Haryana at Chandigarh; Sharda Sharma v. Income Tax, Ward 3 (1), Ferozepur; notice dated 27.03.2025 under Section 148, Income Tax Act 1961; AY 2021-2022; jurisdiction of Issuing Authority; NFAC exclusive power to issue Section 148 notices; CBDT circular/notification dated 29.03.2022; disposed of in terms of coordinate-Bench judgments Jatinder Singh Bhangu (CWP No. 15745-2024, 19.07.2024) and Jasjit Singh (CWP No. 21509-2023, 29.07.2024); Bench: Lisa Gill and Sudeepti Sharma; decided 21.05.2025.

What did the court decide?

Writ petition disposed of in terms of Jatinder Singh Bhangu (CWP No. 15745-2024, decided 19.07.2024) and Jasjit Singh (CWP No. 21509-2023, decided 29.07.2024); all pending applications, if any, also disposed of. ¶26

Sharda Sharma Vs Income Tax Officer and Others — Income Tax | Punjab & Haryana HC (2025)

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CWP-11432-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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164

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CWP-11432-2025 (O&M) Date of Decision:-21.05.2025

Sharda Sharma

....Petitioner

Vs.

Income Tax, Ward 3 (1), Ferozepur & ors.

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...Respondents

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CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

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Present: Mr. Vishav Bharti Gupta, Advocate Ms Mamta Gupta, Advocate, for the petitioner.

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Mrs. Urvashi Dhugga, Sr. Standing counsel for the respondents.

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SUDEEPTI SHARMA, J.

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Challenge in the present petition is to notice dated 27.03.2025 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and all consequential actions, for AY 2021-2022.

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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. 215092023 and other connected matters), decided on 29.07.2024.

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Learned counsel appearing for Union of India has also not disputed the same.

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We have heard learned counsel for the parties and perused the whole records of the case.

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The petitioner has challenged the notice dated 27.03.2025 issued under Section 148 of the Act, 1961 and all consequential actions, for AY

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Gaurav Arora 2025.05.26 14:38 I attest to the accuracy and integrity of this document

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CWP-11432-2025

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2021-2022 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.

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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.

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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.

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All the pending applications, if any, also stand disposed of.

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(LISA GILL) (SUDEEPTI SHARMA) JUDGE JUDGE 21.05.2025 Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Gaurav Arora 2025.05.26 14:38 I attest to the accuracy and integrity of this document

Sharda Sharma v. Income Tax Officer and Others

Case brief

What is this about?

What did the court decide?

Sharda Sharma v. Income Tax Officer and Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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