Disposed¶7

Deepak Khandelwal HUF v. Deputy Commissioner of Income Tax Central Circle I and Others

Punjab & Haryana HC18 Jul 2025CWP/20144/2025

Case brief

AI extract

What is this about?

Punjab & Haryana High Court; CWP-20144-2025 (O&M); Deepak Khandelwal HUF v. Dy. Commissioner of Income Tax, Central Circle-I; Section 148 Income Tax Act 1961 notice dated 27.03.2023; AY 2020-2021; NFAC exclusive jurisdiction; CBDT circular/notification dated 29.03.2022; follows Jatinder Singh Bhangu (CWP 15745-2024) and Jasjit Singh (CWP 21509-2023); appeal pending before Appellate Authority; disposed of with direction to Appellate Authority.

What did the court decide?

Writ petition disposed of with a direction to the Appellate Authority to decide the petitioner's appeal in terms of the judgments in Jatinder Singh Bhangu (supra) and Jasjit Singh (supra); all pending applications, if any, also stand disposed of. ¶7

Deepak Khandelwal HUF Vs Deputy Commissioner of Income… — Income Tax | Punjab & Haryana HC (2025)

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CWP-20144-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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139

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CWP-20144-2025 (O&M) Date of Decision:-18.07.2025

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Deepak Khandelwal HUF

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....Petitioner

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Vs.

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Dy. Commissioner of Income Tax, Central Circle-I &ors. ...Respondents

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

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Present: Mr. Puneet Aggarwal, Advocate for the petitioner.

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Mr. Vaibhav Gupta, Sr. Standing counsel with Mr. Vidul Kapoor, Jr. Standing counsel for the respondents.

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SUDEEPTI SHARMA, J.

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Challenge in the instant writ petition is to notice dated 27.03.2023 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and all consequential actions, for AY 2020-2021.

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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. 21509-2023 and other connected matters), decided on 29.07.2024 . Learned counsel for the petitioner has further submitted that the petitioner has preferred an appeal and the same is pending before the Appellate Authority.

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

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Gaurav Arora 2025.07.28 10:36 I attest to the accuracy and integrity of this document

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CWP-20144-2025

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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 27.03.2023 issued under Section 148 of the Act, 1961 and all consequential actions, for AY 2020-2021, 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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Since in the present case, the appeal is pending before the Appellate Authority, the writ petition is disposed of with a direction to the Appellate Authority to decide the appeal of the petitioner, in terms of the judgments mentioned above.

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

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(LISA GILL) (SUDEEPTI SHARMA) JUDGE JUDGE 18.07.2025 Gaurav Arora

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Gaurav Arora 2025.07.28 10:36 I attest to the accuracy and integrity of this document

Deepak Khandelwal HUF v. Deputy Commissioner of Income Tax Central Circle I and Others

Case brief

What is this about?

What did the court decide?

Deepak Khandelwal HUF v. Deputy Commissioner of Income Tax Central Circle I and Others

Case brief

What is this about?

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What the court decided

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