CWP-18927-2023 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 107+260 CWP-18927-2023 (O&M) Date of Decision:-11.02.2025 Ishwar Mittal ....Petitioner Vs. Income Tax Officer, Ward (2), HSIIDS Udhyog Vihar, Gurgaon ...Respondent CORAM: HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. S.K. Mukhi, Advocates for the petitioner. Mr. Vaibhav Gupta, Jr. Standing counsel for the respondent-department. *** SUDEEPTI SHARMA, J. C.M. No. 19808-2024 Application is allowed as prayed for. Accordingly, reply filed on behalf of the respondent, is taken on record. CWP No. 18927-2023 1. Challenge in the present petition is to notice dated 23.03.2023 issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act 1961”) and order dated 23.03.2023 issued under Section 148 A(d) of the Act, 1961 and all consequential actions, for A.Y 2016-2017. 2. Learned counsel for the petitioner contends that the issue Gaurav Arora 2025.02.19 13:34 I attest to the accuracy and integrity of this document CWP-18927-2023 2 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. 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 23.03.2023 issued under Section 148 of the Act, 1961 and order dated 23.03.2023 issued under Section 148 A(d) of the Act, 1961 and all consequential actions, for A.Y 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 Gaurav Arora 2025.02.19 13:34 I attest to the accuracy and integrity of this document CWP-18927-2023 3 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 11.02.2025 Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Gaurav Arora 2025.02.19 13:34 I attest to the accuracy and integrity of this document