Date of Decision:-11.07.2025
Pritpal Singh ...Petitioner Vs.
Union of India & ors. ...Respondents
CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. Avneet Singh, Advocates for the petitioner.
Mr. Ranvijay Singh, Sr. Standing counsel with Ms. Nikita Garg, Jr. Standing counsel for the respondents.
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SUDEEPTI SHARMA, J.
1. Challenge in the present petition is to notice dated 05.04.2024 issued under Section 148 of the Income Tax Act, 1961 (for short 'Act 1961'); notice dated 13.03.2024 issued under Section 148 A (b) of the Act, 1961; order dated 05.04.2024 issued under Section 148 A (d) of the Act, 1961 and all consequential actions, for AY 2020-2021.
2.
Learned counsel for the petitioner contends that the issue involved in the present writ petition is covered by the judgment passed by a Co-ordinate Bench of this Court in the cases of Jatinder Singh Bhangu vs. Union of India and others, passed in CWP No. 15745-2024 and connected matter, decided on 19.07.2024 and Jasjit Singh vs. Union of India and others (CWP No. 21509-2023 and other connected matters), decided on
29.07.2024.
3. Learned counsel appearing for the respondents has also not
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disputed the same.
4. We have heard learned counsel for the parties and perused the whole records of the case.
5. The petitioner has challenged the notice dated 05.04.2024 issued under Section 148 of the Act, 1961; notice dated 13.03.2024 issued under Section
148 A (b) of the Act, 1961; order dated 05.04.2024 issued under Section 148 A (d) of the Act, 1961 and all consequential actions, for AY 2020-2021 , on the ground that the Issuing Authority had no jurisdiction to issue the same, in view of the circular/notification dated 29.03.2022 of the CBDT, wherein, it has been specifically enumerated that the NFAC has exclusive power to issue the notice under Section 148 of the Act, 1961.
6. A Co-ordinate Bench of this Court in Jatinder Singh Bhangu's case (supra) and Jasjit Singh's case (supra), allowed the writ petitions on the same issue, as raised in the present writ petition, by granting liberty to the revenue to follow the procedure as laid down under the Act, 1961 and proceed accordingly, if so advised.
7. In view of the above, the present writ petition is disposed of, in terms of Jatinder Singh Bhangu's case (supra), decided on 19.07.2024 and Jasjit Singh's case (supra), decided on 29.07.2024.
8. All the pending applications, if any, also stand disposed of.
(LISA GILL) (SUDEEPTI SHARMA)
JUDGE JUDGE
11.07.2025
Gaurav Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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