[Cites 9, Cited by 0]
Rajasthan High Court - Jodhpur
Sunil vs Principal Commissioner Of Income Tax-1 ... on 18 December, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:55154-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 24675/2025
Sunil S/o Shri Hanuman Prasad, Aged About 28 Years, R/o 2 Ml,
Po Nathwala, Sriganganagar, 335002, Rajasthan.
----Petitioner
Versus
1. Principal Commissioner Of Income Tax-1 Jodhpur, Aayakar
Bhawan, Paota C Road, Jodhpur, 342006.
2. Principal Chief Commissioner Of Income Tax, (National
Faceless Assessment Centre), 4Th Floor, Mayur Bhawan,
Connaught Circus, New Delhi-110001.
3. Central Board Of Direct Taxes, Cbdt Headquarters, North
Block (Department Of Revenue), New Delhi - 110001.
4. Income Tax Officer, Ward No-1, Kachari Road,
Sriganganagar, Rajasthan, 335001.
----Respondents
For Petitioner(s) : Mr. Anjay Kothari
For Respondent(s) : Mr. K.K. Bissa with
Mr. G.S. Chouhan
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
18/12/2025
1. Learned counsel for the petitioner submits that petitioner is
unhappy with notice dated 29th March 2025 issued under Section
148 of the Income Tax Act, 1961 (for short 'the Act') for AY 2021-
2022.
2. Learned counsel further submits that apart from various
grounds taken in the petition, one of the grounds is that notice
has been issued by Jurisdictional Assessing Officer (JAO) and not
Faceless Assessing Officer (FAO). He also submits that this Court
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in Shree Cement Limited vs. Assistant Commissioner of
Income-Tax & Others (D.B. Civil Writ Petition No.10540/2024,
dated 05.08.2025, at Jaipur Bench) and Sharda Devi Chhajer
vs. The Income Tax Officer & Anr., reported in 2025
SCCOnLine Raj3386, following judgment of Bombay High Court
in Hexaware Technologies Ltd. vs. Assistant Commissioner
of Income-Tax, Circle 15(1)(2), reported in (2024) 162
tazmann.com 225 (Bombay), has held that such a notice issued
by JAO will be invalid. Therefore any assessment order passed on
an invalid notice will also be bad in law.
3. Mr. Bissa, learned counsel for the respondent submits that
there is a Gujarat High Court judgment in the case of Talati and
Talati LLP vs. Office of Assistant Commissioner of Income
Tax, Circle 4(1)(1), Ahmedabad, wherein Court considered
validity of show cause notice issued under Section 148 of the Act
and the proceedings initiated under Section 153A of the Act. He
further submits that Gujarat High Court did not interfere with
notice but directed assessee to file reply to notice.
4. This Court finds that facts of the Gujarat High Court case in
Talati and Talati LLP (supra) are entirely different from the
facts of present case.
In Talati and Talati LLP (supra), Gujarat High Court has
held that notification dated 29th March 2022 (prescribing
eassessment scheme) does not cover a case where notice under
Section 148 is issued by the JAO, the information received by him
in the matter of search and seizure under Section 132 of the Act,
1961, or requisitioned under Section 132A.
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5. The Gujarat High Court has relied on Explanation 2 to
Section 148 (as it existed at the relevant time) to approve the
contention of the Revenue that the concept of automated
allocation, i.e. application of algorithm for randomized allocation of
cases by using suitable technological tools including Artificial
Intelligence and Machine Learning, as defined in Clause 2(1)(b) of
the Scheme dated 29th March 2022, cannot be applied in a case
of search and seizure under Section 132.
6. While upholding the said contention the Gujarat High Court
was perhaps under an understanding that the FAO does not draw
a satisfaction note before proceeding to issue a notice under
Section 148 in search cases. The Gujarat High Court has taken
cognizance of the contention that pre-requisite conditions before
issuance of notice under Section 148, as provided in Explanation 2
of Section 148 would require human application of mind and
cannot be fulfilled by algorithm under the Faceless Regime.
7. The decision of the Division Bench of the Bombay High Court
in the case of Hexaware Technologies Ltd. (supra) has been
distinguished as having been rendered in a case, which falls within
the arena of Explanation 1 to Section 148 and not where
Explanation 2 to Section 148 of the Income Tax Act' 1961, would
be attracted.
8. It is pertinent to note that the Gujarat High Court was not
made aware of the reasoning adopted by Bombay High Court in
the case of Abhin Anilkumar Shah vs. Income Tax Officer,
International Tax Ward Circle-4(2)(1), Mumbai and Ors.
reported in (2024) 468 ITR 350 (Bom) where the orders
dated 31st March 2021 and 06th September 2021 issued by the
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CBDT creating exception for the assessment proceedings
undertaken by the International taxation charges/Central Charges
were subject matter of deliberation.
9. In Abhin Anilkumar Shah (supra) the Court held that said
orders dated 31st March 2021 and 06th September 2021 issued
by the CBDT only carve out exception in relation to the
assessment proceedings. What has been done by order dated 06th
September 2021 is to modify the order dated 31st March 2021 to
the extent of what is set out in paragraph 3 thereof, namely, that
in addition to such exceptions to the applicability of the faceless
mechanism to assessment orders in relation to Central Charges
and International Tax Charges, an additional exception was added,
namely, to the assessment order in cases where pendency could
not be created on ITBA because of technical reasons or cases not
having a PAN, as the case may be. Thus, the scheme as framed
under section 151A and notified under the notification dated 29th
March 2022 does not include the applicability, inclusion or even
reference to the orders dated 31st March 2021 and 06th
September 2021. It was further held that it would be doing
violence to the language of the notification/scheme dated 29th
March 2022 to read into such notification what has not been
expressly provided for and/or something which is kept outside the
purview of the said notification, namely, the orders dated 31st
March 2021 and 06th September 2021. It would be uncalled for to
read into the scheme dated 29th March 2022, something which is
not included.
10. The Bombay High Court also relied upon the order passed by
the Telangana High Court in the case of Venkataramana Reddy
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Patloola Vs. Deputy Commissioner of Income Tax, Circle
1(1) and Ors. reported in (2024) 468 ITR 181.
11. Thus the judgment passed by the Gujarat High Court is not
based on the reading of notification dated 29th March 2022 along
with orders dated 31st March 2021/ 06th September 2021 but is
based on the simple reading of Explanation 2 to Section 148 along
with understanding that the pre-requisites for issuing notice under
Section 148 in search cases cannot be met by the FAO. With due
respect, we do not agree.
12. In these circumstances, notice dated 29th March 2025 issued
under Section 148 of the Act along with consequential proceedings
are liable to be quashed and set aside.
13. At this stage, Mr. Bissa submits that in judgment of
Hexaware Technologies Ltd. (supra), Revenue has preferred a
Special Leave Petition and notice has been issued. Counsel states
that in view of the law as it stands today, Court may grant the
prayer of petitioner but in case the Apex Court interferes with
judgment in Hexaware Technologies Ltd. (supra), Sharda
Devi Chhajer (supra) or Shree Cement Limited (supra), then
Revenue should be given liberty to revive the notice issued under
Section 148 of the Act.
14. In view of above, counsel for petitioner states that other
grounds raised are not being pressed upon and they will be taken
at appropriate stage, if required.
15. Therefore, keeping open all rights and contentions of parties,
we quash and set aside notice dated 29th March 2025 issued
under Section 148 of the Act along with consequential
proceedings, with liberty as prayed.
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16. Petition disposed.
17. Consequently, all pending applications, if any, also stand
disposed.
(SANJEET PUROHIT),J (DR.PUSHPENDRA SINGH BHATI),J
308-JatinS/Yagya-
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