Disposed¶7

Avi Gupta v. Income Tax Officer Ward 1 Panipat and Ors.

Punjab & Haryana HC18 Mar 2025CWP/7254/2025

Case brief

AI extract

What is this about?

Section 148 notice; jurisdiction; NFAC exclusive power; CBDT circular/notification 29.03.2022; AY 2019-2020; Income Tax Act 1961; CWP-7254-2025 (O&M); Punjab and Haryana High Court at Chandigarh; decided 18.03.2025; Arun Palli; Sudeepti Sharma; Jatinder Singh Bhangu CWP No. 15745-2024 19.07.2024; Jasjit Singh CWP No. 21509-2023 29.07.2024; disposal in terms of Co-ordinate Bench judgments; Avi Gupta; Income Tax Officer Ward-I Panipat.

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. ¶7

Avi Gupta Vs Income Tax Officer Ward 1 Panipat and Ors. — Income Tax | Punjab & Haryana HC (2025)

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CWP-7254-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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141

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CWP-7254-2025 (O&M) Date of Decision:-18.03.2025

Avi Gupta

....Petitioner

vs.

Income Tax Officer, Ward-I, Panipat & ors.

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...Respondents

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CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

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Present: Ms. Divya Arora and Mr. Amit Kaushik, Advocates, for the petitioner

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Ms. Gauri Neo Rampal, Sr. Standing counsel (Through VC) with Mr. V. Vedika Rao, Advocate for the respondent.

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SUDEEPTI SHARMA, J.

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Challenge in the instant writ petition is to notice dated 20.04.2023 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and conseuqential proceedings, for AY 2019-2020.

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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 .

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Learned counsel appearing for Union of India has also not

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Gaurav Arora 2025.03.24 14:44 I attest to the accuracy and integrity of this document

CWP-7254-2025

disputed the same.

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 20.04.2023 issued under Section 148 of the Act, 1961 and conseuqential proceedings, for AY 2019-2020 issued by respondent No. 1, on the ground that he 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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(ARUN PALLI) (SUDEEPTI SHARMA) JUDGE JUDGE

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18.03.2025

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Gaurav Arora

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

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Gaurav Arora 2025.03.24 14:44 I attest to the accuracy and integrity of this document

Avi Gupta v. Income Tax Officer Ward 1 Panipat and Ors.

Case brief

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Avi Gupta v. Income Tax Officer Ward 1 Panipat and Ors.

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