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Munish Kumar v. Income Tax Officer Ward 5(5) Chandigarh and Others

Income Tax – Faceless assessment

Punjab & Haryana HC14 May 2025CWP/13763/2025

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What is this about?

Faceless assessment; Section 148 Income Tax Act 1961 notice; Jurisdictional Assessing Officer; notification dated 29.03.2022 Ministry of Finance; quashing of notice; liberty to proceed in accordance with law; Jatinder Singh Bhangu CWP-15745-2024; Jasjit Singh CWP-21509-2023; CWP-13763-2025 (O&M); Punjab and Haryana High Court; Annexure P-1; Annexure P-2.

What did the court decide?

Quashing of the impugned notice dated 20.03.2024 (Annexure P-1) with liberty to the respondents to proceed against the petitioner in accordance with law. ¶19

Munish Kumar Vs Income Tax Officer Ward 5(5) Chandigarh… — Income Tax | Punjab & Haryana HC (2025)

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CWP-13763-2025 (O&M)

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Sr. No.134

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-13763-2025 (O&M) Date of Decision : 14.05.2025

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Munish Kumar …Petitioner

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Versus

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Income Tax Officer, Ward 5 (5) Chandigarh a n d others

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…Respondents

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CORAM : HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI

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Present : M r. Kartik Bansal, Advocate, f o r the petitioner. M r.Vaibhav Gupta, Advocate, f o r the Income Tax Department-r e spondents.

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DEEPAK SIBAL, J. (Oral)

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C hallenge made through the in s tant petition is to the notice dated 20.03.2 0 24 (Annexure P-1) issued to th e petitioner by the respondents under Section 148 of the Income Tax Act, 1 961. The primary ground of challenge raised by the petitioner is that the impugned notice has been issued by the Jurisdictional Assessing Offic e r which could have not been done because i n terms of the notification date d 29.03.2022 (Annexure P-2), issued by the Ministry of Finance, Govern m ent of India, the impugned notice could h a ve been issued only by way of f aceless assessment. 2. I n support of his afore submis s ion, learned counsel for the petitioner places reliance on the following tw o judgments of this Court:-

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i. CW P -15745-2024, titled Jatinder Singh Bhangu Vs. Union of India and others, decided on 19.07. 2 024; and ii. CW P -21509-2023, titled Jasjit Singh Vs. Union of India and others , decided on 29.07.2024.

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VANDANA 2025.05.15 17:06 I attest to the accuracy and integrity of this document

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Page 1 of 2

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CWP-13763-2025 (O&M)

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Learned counsel for the respond e nts does not dispute the fact that the case o f the petitioner is covered in hi s favour by the law laid down through the a f oresaid two judgments rendere d by two different co-ordinate Benches of th i s Court in Jatinder Singh Bhangu and Jasjit Singh ( supra) . 4. I n the light of the above, in te r ms of the law laid down in Jatinder Singh Bhangu and Jasjit Singh ( supra), the impugned notice dated 20.03.2 0 24 (Annexure P-1), issued b y the Jurisdictional Assessing Officer, is her e by quashed with liberty to the r espondents to proceed against the petitioner i n accordance with law.