SOHAN SINGH AHUJA v. INCOME TAX OFFICER WARD 1(4) FARIDABAD AND OTHERS
CWP/13133/2025 · 2026-09-10
Deepak Sibal, Lapita Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8972 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8972 (PNJ) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 175 CWP-13133-2025
Date of decision: 08.05.2025 SOHAN SINGH AHUJA ...Petitioner VERSUS INCOME TAX OFFICER WARD 1(4) FARIDABAD AND OTHERS ...Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL HON'BLE MS. JUSTICE LAPITA BANERJI Present: Mr. Kartik Bansal, Advocate for the petitioner. Mr. Varun Issar, Senior Standing Counsel and Ms. Pridhi Sandhu, Standing Counsel for the respondents - Income Tax Department. **** DEEPAK SIBAL
, J.(ORAL)
1. Challenge made through the instant petition is to the notice dated 28.03.2025 (Annexure P-1) issued to the petitioner by the respondents under Section 148 of the Income Tax Act, 1961. The primary ground of challenge raised by the petitioner is that the impugned notice has been issued by the Jurisdictional Assessing Officer which could have not been done because in terms of the notification dated 29.03.2022 (Annexure P-2) issued by the Ministry of Finance, Government of India, the impugned notice could have been issued only by way of faceless assessment.
2. In support of his afore submission, learned counsel for the petitioner places reliance on the following two judgments of this Court:- NISHA 2025.05.13 09:49 I attest to the accuracy and integrity of this document
CWP-13133-2025 -2- (i) CWP-15745-2024, titled Jatinder Singh Bhangu vs. Union of India and others, decided on 19.07.2024; and (ii) CWP-21509-2023, titled Jasjit Singh vs. Union of India and others, decided on 29.07.2024.
3.
Learned counsel for the respondents does not dispute the fact that the case of the petitioner is covered in his favour by the law laid down through the aforesaid two judgments rendered by two different co-ordinate Benches of this Court in Jatinder Singh Bhangu’s and Jasjit Singh’s cases (supra).
4. In the light of the above, in terms of the law laid down in Jatinder Singh Bhangu’s and Jasjit Singh’s cases (supra), the impugned notice dated 28.03.2025 (Annexure P-1), issued by the Jurisdictional Assessing Officer, is hereby quashed with liberty to the respondents to proceed against the petitioner in accordance with law.
5. The petition is allowed in the above terms.
(DEEPAK SIBAL) JUDGE (LAPITA BANERJI) JUDGE 08.05.2025
Nisha Yadav
Whether reasoned/speaking? Yes/No Whether reportable? Yes/No NISHA 2025.05.13 09:49 I attest to the accuracy and integrity of this document