JOGINDER SINGH THROUGH HIS LRs HARISH BANDTA v. THE UOI AND OTHERS
CWP/10395/2025 · 2025-06-28
Sushil Kukreja, Tarlok Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18555 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18555 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:20317 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 10395 of 2025 Date of decision: 28.06.2025 Joginder Singh through his legal heir Sh. Harish Bandta
…Petitioner Versus Union of India & Ors. …Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? No. For the Petitioner: Mr. M. R. Sharma, Advocate. For the Respondents: Mr. Harish Sharma, Senior Panel Counsel, for respondent No. 1. Mr. Neeraj Sharma and Mr. Ishaan Kashyap, Advocates, for respondents No. 2 to 4. Tarlok Singh Chauhan, Judge (Oral) Notice. Mr. Harish Sharma and Mr. Neeraj Sharma, Advocates, appear and waive service of notice on behalf of the respective respondents. 2. The instant petition has been filed for grant of the following substantive reliefs:- i) for issuance of an appropriate writ, order or direction, to the respondents, to transmit the entire records of the case to this Hon'ble Court; And For the issuance of a writ in the nature of Certiorari and/or any other appropriate writ, Order or direction quashing the Order under section 148A(3)/Notice under section 148
2025:HHC:20317 dated 05.06.2025 being approval (Annexure P-5) under Section 151 of the Income Tax Act, issued by respondent No.3, Order under section 148A(3) of the Income Tax Act, dated 28.03.2025 (Annexure P-3) issued by the respondent No. 3 and notice under Section 148 of the Income Tax Act (Annexure P-6) dated 05.06.2025, issued by respondent No.3. And ii) For the issuance of a writ in the nature of Certiorari and/or any other appropriate writ, Order or direction declaring the proceedings for reassessment under Section 148 of the Act and the proceedings approved by granting sanction under Section 151 of the Income Tax Act, 1961 by the Principal Commissioner of Income Tax, respondent no.
2, in the case of the petitioner, being contrary to principles of natural justice,illegal and wholly without jurisdiction; And iii) For the issuance of writ in the nature of Certiorari and/or any other appropriate writ order or direction staying the operation of the impugned Order under section 148A(3) dated 28.03.2025 being approval (Annexure P-3) under Section 151 of the Income Tax Act, issued by respondent No.2, Order under section 148A(3) of the Income Tax Act dated 05.06.2025 (Annexure P-5) issued by the respondent No. 3 and Notice dated 05.06.2025 (Annexure P-6) under Section 148 of the Income Tax Act, issued by respondent No.3, till the final decision of the present writ petition by this Hon'ble Court; And iv) For the issuance of writ in the nature of Certiorari and/or any other appropriate writ order or direction restraining the respondents, in particular the National Faceless Assessment Centre, respondent no.3 and respondent no.4 from proceeding further in the case of the petitioner under Section 144B read with Section 143(3)/147/148 of the Income Tax Act, 1961. 3. The subject matter of the challenge in this petition, whereby the legality, validity and propriety of impugned notice under Section 148, dated 05.06.2025 (Annexure P-6) is already under consideration before the Hon’ble Supreme Court of India in SLP (C) Diary No. 17041/2024., case titled Union of India & Ors. 2025:HHC:20317 Vs. Association of Technical Textiles Manufacturers and Processors & Anr. 4. 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 05.06.2025 (Annexure P-6), 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. 5. 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. 6. The petition is disposed of in above terms, so also the pending application(s), if any. (Tarlok Singh Chauhan)
Judge (Sushil Kukreja) 28th June, 2025
Judge (sanjeev)