Punjab-Haryana High Court
Harjinder Singh vs Central Board Of Direct Taxes North And ... on 18 January, 2025
Author: Sudeepti Sharma
Bench: Arun Palli, Sudeepti Sharma
Neutral Citation No:=2025:PHHC:009053-DB
CWP-1248-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
109 CWP-1248-2025 (O&M)
Date of Decision:-18.01.2025
Harjinder Singh ....Petitioner
Vs.
C.B.D.T, New Delhi & ors. ...Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr.Divya Suri, Advocate
for the petitioner
Mr. Saurabh Kapoor, Sr. Standing counsel with
Ms. Muskan Gupta, Advocate
for the respondent-Union of India.
***
SUDEEPTI SHARMA, J.
1. Challenge in the instant writ petition is to notice dated 05.04.2023 issued under Section 148 of the Income Tax Act, 1961 (for short 'Act 1961") and conseuqential proceedings, for AY 2016-2017.
2. 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 .
3. Learned counsel appearing for Union of India has also not disputed the same.
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4. We have heard learned counsel for the parties and perused the whole records of the case.
5. The petitioner has challenged the notice dated 05.04.2023 issued under Section 148 of theAct, 1961 and conseuqential proceedings, for AY 2016-2017, 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.
6. 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.
7. 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
8. All the pending applications, if any, also stand disposed of.
(ARUN PALLI) (SUDEEPTI SHARMA)
JUDGE JUDGE
18.01.2025
Gaurav Arora
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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