[2025:RJ-JP:36201-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 13483/2025 Alok Kumar Lodha S/o K.c. Jain, F-24 A, Hauz Khas Enclave, Green Park Market, South West Delhi 110016, Delhi-India. ----Petitioner Versus 1. Dgit (Inv.) Rajasthan, Income-Tax Department, Ncr Building, Statue Circle, Jaipur. 2. Principal Commissioner Of Income Tax, Income Tax Department, Ncr Building, Statue Circle, Jaipur 3. Assisstant Commissioner Of Income Tax, Central Circle-4, Income Tax Department, Ncr Building, Statue Circle, Jaipur ----Respondents For Petitioner : Mr. P.K. Kasliwal with Mr. Priyesh Kasliwal & Ms. Monika Kachhawaha For Respondents : Mr. Sarvesh Jain HON'BLE THE CHIEF JUSTICE MR. K.R. SHRIRAM HON'BLE MR. JUSTICE MANEESH SHARMA Order 09/09/2025 1. Mr. Jain, who appears on advance copy, agrees with Mr. Kasliwal that one of the grounds raised certainly is covered by a judgment of this Court. 2. Ground referred to is that the notice dated 21st March 2024 under Section 148 of the Income Tax Act, 1961 has been issued by a Jurisdictional Assessing Officer (JAO) and not Faceless Assessing Officer (FAO) and this Court in the case of Shree Cement Limited Vs. Assistant Commissioner of Income-Tax [2025:RJ-JP:36201-DB] (2 of 3) [CW-13483/2025] & Others1 following Sharda Devi Chhajer Vs. The Income Tax Officer & Another2 and Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax, Circle 15(1)(2)3, has held that such a notice will be bad and not valid. 3. At the same time, Mr. Jain 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. 4. Mr. Kasliwal states that in view of the above, for the present, petitioner will reserve his right to raise other grounds at an appropriate stage. 5. Therefore, keeping open all rights and contentions of parties, we quash and set aside notice dated 21st March 2024 issued under Section 148 of the Act with liberty as prayed. 6. Petition disposed. 7. Consequently, all pending applications, if any, also stand disposed. 8. Since we have held that the notice issued under Section 148 of the Act itself is not valid, the consequential assessment order dated 20th February 2025 cannot be sustained. The same is also quashed and set aside. 1DB Civil Writ Petition No.10540/2024, dated 05.08.2025 at Jaipur Bench (unreported) 22025 SCCOnLine Raj 3386 3[2024] 162 taxmann.com 225 (Bombay) [2025:RJ-JP:36201-DB] (3 of 3) [CW-13483/2025] 9. Mr. Kasliwal’s statement that application to withdraw the appeal will be filed within two weeks, is accepted. (MANEESH SHARMA),J (K.R. SHRIRAM),CJ N.GANDHI/RAJAT/36