Allowed

Lalit Kumar v. Income Tax Officer, Ward 1(4) Gurgaon and Others

Punjab & Haryana HC10 Sept 2026CWP/4192/2025

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana disposed of a Writ Petition seeking quashing of an Income Tax notice under Section 148. Following identical precedents from a Coordinate Bench, the Court allowed the petition with liberty to the Revenue to proceed accordingly.

What did the court decide?

Petition disposed of in terms of Jatinder Singh Bhangu and Jasjit Singh; liberty to Revenue to follow procedure under the 1961 Act.

Lalit Kumar Vs Income Tax Officer, Ward 1(4) Gurgaon and… — Income Tax | Punjab & Haryana HC (2026)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-4192-2025

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Date of decision: 19.02.2025

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Lalit Kumar ….Petitioner

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Versus

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Income Tax Officer Ward 1(4) Gurgaon and others ….Respondents

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CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE ALOK JAIN

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Present: Mr. Kartik Bansal, Advocate, for the petitioner.

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ARUN PALLI, J. (Oral)

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A Certiorari is prayed for, to quash the impugned notice dated 30.03.2024 (P-1), issued under Section 148 of the Income Tax Act, 1961 (‘1961 Act’), and all consequential proceedings.

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Learned counsel for the petitioner submits, at the outset, that the matter in issue is squarely covered by an order and judgment, rendered by a Co-ordinate Bench of this Court in CWP No. 15745-2024 ( Jatinder Singh Bhangu Vs. Union of India and others , decided on 19.07.2024), as also in CWP No. 21509-2023 ( Jasjit Singh vs. Union of India and others, decided on 29.07.2024).

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Served with the advance copy of the petition, Mr. Varun Issar, learned Senior Standing Counsel, along with Ms. Pridhi Sandhu, learned Junior Standing Counsel, for the respondents, is present in Court. The factual position, as set out above, is not disputed.

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We have heard learned counsel for the parties and perused

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the records.

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As indicated earlier, the petitioner has assailed the notice dated 30.03.2024 (P-1), issued under Section 148 of the 1961 Act, as regards the assessment year 2020-21. For, post introduction of the concept of faceless assessment under Section 151A read with Section

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AMIT KUMAR 2025.02.20 15:34 I attest to the accuracy and authenticity of this document

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144B of the 1961 Act, notice under Section 148 of the 1961 Act cannot be issued by the Jurisdictional Assessing Officer (JAO).

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An identical issue was examined by the Co-ordinate Bench

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of this Court in Jatinder Singh Bhangu and Jasjit Singh (supra), and upon thorough analysis of the matter, the notice(s) issued by the JAO were quashed and the petition(s) filed by the assessee(s) were allowed. But, with liberty to the respondent/Revenue to follow the procedure laid down under the 1961 Act and proceed accordingly.

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In the wake of the above, and as prayed by learned counsel for the parties, the petition is disposed of, in terms of Jatinder Singh Bhangu and Jasjit Singh (supra).

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(ARUN PALLI) JUDGE

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(ALOK JAIN) JUDGE

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19.02.2025

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Ak Sharma

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Whetherspeaking/reasoned	Yes/No
Whether reportable	Yes/No

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AMIT KUMAR 2025.02.20 15:34 I attest to the accuracy and authenticity of this document

Lalit Kumar v. Income Tax Officer, Ward 1(4) Gurgaon and Others

Case brief

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Lalit Kumar v. Income Tax Officer, Ward 1(4) Gurgaon and Others

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