Disposed¶26

Vishesh Khurana v. Income Tax Officer, Ward 2(3), Faridabad and Others

Punjab & Haryana HC20 Mar 2025CWP/7779/2025

Case brief

AI extract

What is this about?

Section 148 Income Tax Act 1961 notice dated 31.08.2024 for AY 2015-2016 challenged in CWP-7779-2025 (O&M), Punjab and Haryana High Court; NFAC exclusive jurisdiction per CBDT circular/notification dated 29.03.2022; petition disposed of in terms of Jatinder Singh Bhangu (19.07.2024) and Jasjit Singh (29.07.2024); Union of India counsel did not dispute coverage; Vishesh Khurana v. ITO Ward 2(3) Faridabad; decided 20.03.2025.

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 stand disposed of. ¶26

Vishesh Khurana Vs Income Tax Officer, Ward 2(3)… — Income Tax | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notice dated 31.08.2024 issued under Section 148 of the Income Tax Act, 1961 and consequential actions for AY 2015-2016 were validly issued, given the petitioner's ground that the Issuing Authority had no jurisdiction since, per the CBDT circular/notification dated 29.03.2022, the NFAC has exclusive power to issue such notices.

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Court's answer

The issue raised in the petition being covered by the Co-ordinate Bench decisions in Jatinder Singh Bhangu (decided 19.07.2024) and Jasjit Singh (decided 29.07.2024), and learned counsel appearing for Union of India not disputing the same, the present writ petition is disposed of in terms of those decisions.

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Ratio / Principle

Learned counsel appearing for Union of India did not dispute that the issue involved in the present writ petition is covered by the Co-ordinate Bench decisions relied upon by the petitioner.

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Detailed headnote1 paragraphs

Punjab and Haryana High Court (Division Bench: Arun Palli and Sudeepti Sharma, JJ.; judgment authored by Sudeepti Sharma, J.) disposed of CWP-7779-2025 challenging a notice dated 31.08.2024 issued under Section 148 of the Income Tax Act, 1961 and consequential actions for AY 2015-2016. The petitioner's ground was that the Issuing Authority had no jurisdiction, in view of the CBDT circular/notification dated 29.03.2022 vesting exclusive power to issue Section 148 notices in the NFAC. Holding the issue covered by the Co-ordinate Bench decisions in Jatinder Singh Bhangu (CWP No. 15745-2024, decided 19.07.2024) and Jasjit Singh (CWP No. 21509-2023, decided 29.07.2024) — which had allowed identical writ petitions while granting the revenue liberty to follow the procedure laid down under the Act, 1961 and proceed accordingly, if so advised — and noting that counsel for Union of India did not dispute the coverage, the Court disposed of the petition in terms of those judgments. All pending applications, if any, also stood disposed of.

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CWP-7779-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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162

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CWP-7779-2025 (O&M) Date of Decision:-20.03.2025

Vishesh Khurana

....Petitioner

Vs.

Income Tax Officer, Ward 2 (3), Faridabad & 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: Mr. Kartik Bansal, Advocate for the petitioner.

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Mr. Varun Issar, Sr. Standing counsel with Ms. Pridhi Sandhu, Jr. Standing counsel for the respondent.

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SUDEEPTI SHARMA, J.

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Challenge in the present petition is to notice dated 31.08.2024 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and conseuqential actions, for AY 2015-2016.

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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 disputed the same.

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We have heard learned counsel for the parties and perused the

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Gaurav Arora 2025.03.25 13:02 I attest to the accuracy and integrity of this document

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CWP-7779-2025

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whole records of the case.

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The petitioner has challenged the notice dated 31.08.2024 issued under Section 148 of the Act, 1961 and conseuqential actions, for AY 2015-2016, 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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(ARUN PALLI) (SUDEEPTI SHARMA) JUDGE JUDGE 20.03.2025 Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Gaurav Arora 2025.03.25 13:02 I attest to the accuracy and integrity of this document

Vishesh Khurana v. Income Tax Officer, Ward 2(3), Faridabad and Others

Case brief

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Vishesh Khurana v. Income Tax Officer, Ward 2(3), Faridabad and Others

Case brief

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