SATWANT KAUR v. ASSISTANT COMMISSIONER OF INCOME TAX AND OTHERS
CWP/23315/2025 · 2025-08-12
Deepak Sibal, Lapita Banerji
body2025
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[ 2025 DAILYLAW 89902 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89902 (PNJ) · dailylaw.ai ]
Judgment text
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CWP-23315 of 2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT Satwant Kaur Assistant Commissioner of Income Tax
CORAM : HON’BLE MR. JUSTICE
HON’BLE MS. JUSTICE LAPITA BANERJI
Present : Mr. for the petitioner. Mr. Ranvijay Singh, Sr. Standing Counsel and
Ms. Nikita Garg, Jr. Standing Counsel,
for respondent
DEEPAK SIBAL
Challenge made through the instant petition is to the notice dated 17.06.2025 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 done because in terms of the notification issued by the notice could have been issued only by way of faceless assessment. 2. In support of his afore submission, le petitioner places reliance on the following two judgments of this Court: i. CWP India and others, 23315 of 2025 (O&M) Sr. No.133
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-23315 Date of Decision :
Versus Commissioner of Income Tax, Circle
HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Vishav Bharti Gupta, Advocate, for the petitioner. Mr. Ranvijay Singh, Sr. Standing Counsel and Ms. Nikita Garg, Jr. Standing Counsel, for respondent-Income Tax Department. *** DEEPAK SIBAL, J. (Oral)
Challenge made through the instant petition is to the notice .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 done because in terms of the notification dated 29.03.2022 (Annexure P issued by the Ministry of Finance, Government of India, the impugned ould have been issued only by way of faceless assessment. In support of his afore submission, le petitioner places reliance on the following two judgments of this Court: CWP-15745-2024, titled Jatinder Singh Bhangu India and others, decided on 19.07.2024; and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 23315 of 2025 (O&M) Date of Decision : 12.08.2025
…Petitioner
, Circle -1, Ludhiana and others
…Respondents DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI , Advocate, Mr. Ranvijay Singh, Sr. Standing Counsel and Ms. Nikita Garg, Jr. Standing Counsel, Income Tax Department. Challenge made through the instant petition is to the notice ) 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 dated 29.03.2022 (Annexure P-2), Ministry of Finance, Government of India, the impugned ould have been issued only by way of faceless assessment. In support of his afore submission, learned counsel for the petitioner places reliance on the following two judgments of this Court:- Jatinder Singh Bhangu Vs. Union of decided on 19.07.2024; and VANDANA 2025.08.13 14:43 I attest to the accuracy and integrity of this document
CWP-23315 of 2025
ii. CWP others
3.
Learned counsel for the respondents does not dispute the fact that the case of the petitioner through the aforesaid two judgments rendered by two different co Benches of this Court in
4.
In the light of the above, in terms of the law laid down in Jatinder Singh dated 17.06.2025 Officer, is hereby quashed with liberty to the respondents to proceed against the petitioner in accordance with law.
5.
The
August 12, 202 vandana
Whether speaking/reasoned : Whether reportable 23315 of 2025 (O&M) CWP-21509-2023, titled Jasjit Singh others, decided on 29.07.2024.
Learned counsel for the respondents does not dispute the fact that the case of the petitioner is covered in his through the aforesaid two judgments rendered by two different co Benches of this Court in Jatinder Singh Bhangu In the light of the above, in terms of the law laid down in Jatinder Singh Bhangu and Jasjit Singh (supra) .2025 (Annexure P-1), issued by the Officer, is hereby quashed with liberty to the respondents to proceed against the petitioner in accordance with law. The petition is allowed in the above terms.
(DEEPAK SIBAL
JUDGE (LAPITA BANERJI)
JUDGE
, 2025
ther speaking/reasoned :
Yes/No Whether reportable :
Yes/No Jasjit Singh Vs. Union of India and
Learned counsel for the respondents does not dispute the fact is covered in his favour by the law laid down through the aforesaid two judgments rendered by two different co-ordinate Jatinder Singh Bhangu and Jasjit Singh (supra). In the light of the above, in terms of the law laid down in (supra), the impugned notice ), issued by the Jurisdictional Assessing Officer, is hereby quashed with liberty to the respondents to proceed against petition is allowed in the above terms.
DEEPAK SIBAL) JUDGE
(LAPITA BANERJI) JUDGE
VANDANA 2025.08.13 14:43 I attest to the accuracy and integrity of this document