Challenge in the instant writ petition is to notice dated 13.02.2024 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) for AY 2021-2022.

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 .

disputed the same.

Gaurav Arora 2025.01.21 14:33 I attest to the accuracy and integrity of this document

CWP-485-2025

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We have heard learned counsel for the parties and perused the whole records of the case.

The petitioner has challenged the notice dated 13.02.2024 issued under Section 148 of the Act, 1961 for AY 2021-2022, issued by respondent No. 3 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.

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.

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

(ARUN PALLI) (SUDEEPTI SHARMA) JUDGE JUDGE

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13.01.2025 Gaurav Arora

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

Gaurav Arora 2025.01.21 14:33 I attest to the accuracy and integrity of this document

Rohit Bansal v. Union of India and Others

Case brief