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High Court of Himachal Pradesh · body

2025 DAILYLAW 11698 (HP)

VINOD KUMAR v. INCOME TAX OFFICER AND OTHERS

CWP/5857/2025 · 2025-09-17

Sushil Kukreja, Vivek Singh Thakur

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5857 of 2025 Date of decision: 17.9 . 2025 Vinod Kumar. ...Petitioner. Versus Income Tax Officer & Others. …Respondents. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the Petitioner. Mr.Parveen Sharma, Advocate. For the Respondents: Mr.Neeraj Sharma and Mr.Ishan Kashyap, Advocates. Vivek Singh Thakur, Judge (Oral) The instant petition has been filed for grant of the following substantive relief:- (a) That this Hon’ble Court may be pleased to issue writ in the nature of Certiorari or any other appropriate writ, order or direction, thereby quashing/setting aside the impugned notice under Section 148 dated 31/03/2022 (Annexure P-3) and impugned order dated 25/03/2023 (Annexure P-6), being illegal, without jurisdiction, against the procedure and further based on the illegal sanction/approval under Section 151 of 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 CWP No. 5857 of 2025 the Income Tax Act, 1961 and all proceedings/actions consequent thereto.” 2. The subject matter of the challenge in this petition, whereby the legality, validity and propriety of impugned notice under Section 148, dated 31.3.2022 is already under consideration before the Hon’ble Supreme Court of India in SLP (c) No. 17040/2024, titled as The Assistant Commissioner of Income Tax & Another Vs. M/s Dr. Reddy Laboratories Ltd. with connected matters. 3. Since the issue involved in this petition is already pending consideration before the Hon’ble Supreme Court, therefore, keeping in view the judicial discipline, we refrain ourselves from giving our opinion with respect to impugned notice under Section 148, dated 31.3.2022 (Annexure P-3), as assailed in this petition. We direct that the present petition shall be governed by the judgment passed by the Hon’ble Supreme Court and the decision thereto, shall be binding on this case also. 4. The continuity of proceedings before the competent authority, in view of the pendency of the matter before the Hon’ble Supreme Court is bound to lead to multiplicity of litigation. Therefore, we deem it appropriate to stay such proceedings till the time issue is finally decided by the Hon’ble Supreme Court. Ordered accordingly. 3 CWP No. 5857 of 2025 5. The petition is disposed of in above terms, so also the pending application(s), if any. (Vivek Singh Thakur), Judge. (Sushil Kukreja), Judge. 17th September, 2025 (Keshav)