[2025:RJ-JP:35807-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 14807/2024 Sandeep Mittal (Ay 2016-17) S/o Shri Prem Prakash Mittal, Aged About 49 Years, R/o 9, Mathur Vasiya Nagar, Behind Ram Mandir, Tonk Road, Opposite Morani Motors, Sanganer, Airport, Sanganer, Jaipur, Rajasthan - 302011. ----Petitioner Versus 1. Income Tax Officer, Ward 1(2), New Central Revenue Building Bhagwan Dass Road, Jaipur, Rajasthan - 302005. 2. National Faceless Assessment Centre (Nfac), Through The Assessment Unit, Income Tax Department, Ministry Of Finance, Inside Jawahar Lal Nehru Stadium, New Delhi - 110003. ----Respondents For Petitioner : Mr. Vedant Agarwal For Respondents : Mr. Sandeep Pathak HON'BLE THE CHIEF JUSTICE MR. K.R. SHRIRAM HON'BLE MR. JUSTICE MANEESH SHARMA Order 08/09/2025 1. Various grounds have been raised in the petition, one of which is that the findings in the impugned order that there has been escapement of income from assessment do not even find mention in the show cause notice. 2. Mr. Vedant Agarwal, counsel for petitioner submitted that in the assessment order dated 27th March 2024, that is impugned in the petition, there is a finding that long-term capital gain of Rs.57,94,032/-, claimed under Section 10(38) of the Income Tax Act, 1961 (for short ‘the Act’) by the assessee is being disallowed as bogus transaction in the scrips of Yamini Investment Company [2025:RJ-JP:35807-DB] (2 of 3) [CW-14807/2024] Ltd. Counsel says this has been added to the income of the assessee under Section 68 read with Section 115BBE of the Act. Mr. Agarwal submitted that there is not even an allegation of this nature in the show cause notice issued under Section 148A(a) or Section 148A(b)of the Act, or that, that was the information which suggested that income chargeable to tax for Assessment Year 2016-17 escaped assessment. 3. Having considered the pleadings filed with the documents annexed thereto, we would agree with Mr. Agarwal’s submissions. 4. In addition, the notice under Section 148 of the Act has been issued by the Jurisdictional Assessing Officer (JAO) and not the Faceless Assessing Officer (FAO). Such a notice, this Court in the case of Shree Cement Limited Vs. Assistant Commissioner of Income-Tax & Others1 has held as invalid. Consequently, the assessment order based on an invalid notice also cannot sustain. 5. Mr. Agarwal submitted that this ground has not been raised because the petition was filed before the Court gave its judgment in Shree Cement Limited (supra). 6. Mr. Pathak submitted that Shree Cement Limited (supra) has relied upon Sharda Devi Chhajer Vs. The Income Tax Officer & Another2, which in turn had followed Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income- tax, Circle 15(1)(2)3 and that judgment of Bombay High Court was already in place before the petition was filed, but nevertheless since the law is settled on this aspect, for the moment he wouldn’t insist on a formal amendment to the petition. 1 DB Civil Writ Petition No.10540/2024, dated 05.08.2025 at Jaipur Bench (unreported) 2 2025 SCC OnLine Raj 3386 3 [2024] 162 taxmann.com 225 (Bombay) [2025:RJ-JP:35807-DB] (3 of 3) [CW-14807/2024] 7. At the same time, Mr. Pathak states that in 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. 8. In the circumstances, the assessment order dated 27th March 2024 as also notice dated 28th March 2023, issued under Section 148 of the Act are quashed and set aside. 9. In view of the above, the consequential notice dated 27th March 2024, issued under Section 274 read with Section 271(1)(c) of the Act is also quashed and set aside. 10. Petition disposed. 11. Pending application, if any, also stands disposed. (MANEESH SHARMA),J (K.R. SHRIRAM),CJ KAMLESH KUMAR-RAHUL/3