Allowed

Baldev Kumar v. Union of India and Others

Punjab & Haryana HC10 Sept 2026CWP/6175/2024

Case brief

AI extract

What is this about?

The High Court allowed the writ petition by observing that circulars cannot override statutory provisions. The court set aside notice under Sections 148 and 148A(d) and subsequent proceedings issued without conducting faceless assessment, adhering to precedents on the Income-tax Act.

What did the court decide?

Notice issued under Section 148A(d) dated 03.04.2022, under Section 148 dated 03.04.2022, and all consequential proceedings set aside.

Baldev Kumar Vs Union of India… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2026)

¶1

245 I N THE HIGH COURT OF PU N JAB AND HARYANA AT CHANDIG A RH

¶2

C WP- 6175-2024 (O&M) D ate of Decision: 05.09.2024

¶3

Baldev Kum a r …Petitioner

¶4

Vs.

¶5

Union of India and others …Respondents

¶6

CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH

¶7

Present M r. Sandeep Goyal, Advocate f o r the petitioner.

¶8

M s. Gauri Neo Rampal, Sr. Stan d ing Counsel for the revenue. ***

¶9

SANJEEV PRAKASH SHARMA, J.(Oral)

¶10

L earned counsel for the parties are ad idem that the substantia l issue involve d in the present petition stands f inally examined and conclude d by this Court in CWP No.21509 of 2023 titled as Jasjit Singh vs. Union of India and others , decided on 29.07.2024, a n d by the Coordinate Bench i n CWP No.15745 of 2024 titled as Jatinder Singh Bhangu vs. Union of India and others , d e cided on 19.07.2024. This Cou r t in Jasjit Singh (supra) held a s

¶11

under:

¶12

“ 16. We are in agreement with t h e view taken by the Coordinat e B ench and hold that such circu l ar or instructions by the Boar d c ould not have been issued to ov e rride statutory provisions or to m ake them otiose or obsolete. Legislative enactments havin g f inancial implications are requ i red to be followed strictly an d m andatorily. By exercising the p o wers contained in Sections 11 9

¶13

RAJESH KUMAR 2024.09.06 09:35 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.

¶14

[2]

¶15

CWP- 6175-2024 (O&M)

¶16

and 120 of the Act, 1961 as well as Section 144B (7 & 8), the authorities cannot be allowed to usurp the legal provisions to their own satisfaction and convenience causing hardship to the assessees. It also leaves confusion in the minds of the taxpayers. In the opinion of this Court, instructions and circulars can be issued only for the purpose of supplementing the statutory provisions and for their implementation.

¶17

17. In view of the aforesaid discussion, there is no occasion to distinguish or take a different view as suggested by the learned counsel for the revenue from what has already been held by the Coordinate Bench.

¶18

18. Keeping in view the law laid down by the Coordinate Bench (supra), notices issued by the JAO under Section 148 of the Act, 1961 and the proceedings initiated thereafter without conducting the faceless assessment as envisaged under Section 144B of the Act, 1961, have been found to be contrary to the provisions of the Act, 1961 and accordingly notices dated 28.02.2023, 16.03.2023, 20.03.2024 and 30.03.2023 and order dated 30.03.2023, are set aside for want of jurisdiction.

¶19

19. The respondents-revenue would be, however, at liberty to follow the procedure as laid down under the Act, 1961 and proceed accordingly, if so advised.

¶20

20. All the writ petitions are allowed. The interim order passed by the Court shall stand merged with the present order.”

¶21

RAJESH KUMAR 2024.09.06 09:35 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.

¶22

[3]

¶23

CWP- 6175-2024 (O&M)

¶24

Keeping in view above, we allow this Writ Petition in the aforesaid terms. The observations and order passed above shall apply mutatis mutandis to the present case. Accordingly, notice issued by the Jurisdictional Assessing Officer under Section 148A(d) dated 03.04.2022, under Section 148 dated 03.04.2022 and all consequential proceedings are set aside.

¶25

All pending applications also stand disposed of accordingly.

¶26

(SANJEEV PRAKASH SHARMA) JUDGE

¶27

(SANJAY VASHISTH) JUDGE

¶28

05.09.2024 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No

¶29

RAJESH KUMAR 2024.09.06 09:35 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.

Baldev Kumar v. Union of India and Others

Case brief

What is this about?

What did the court decide?

Baldev Kumar v. Union of India and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases