The High Court · 2025

Order

(per Hon'bre srt Justtce Narsing Rao Nandiko_nda ) 140 Heard Mr. p.Srikanth Rao, learned counsel for the petitioner and Ms. J.Sunitha, learned Junior standing counser for the Income Tax Department for respondent Nos.l to 3. perused the record. 2' This is a writ petition where the proceedings are either challenged to the notices which were issued under section r4gA and 148 0f the Income Tax Act, 1g6l (for short .the Act,) or the assessment orders those have been passed under Section 147 0f the Act which have been assailed. 3' This writ petition is being taken up today onry on one of the grounds, that the notices issued under Section l4gA of the Act and the subsequent initiation of proceedings under section r4g of the Act by thcjurisdictional Assessing officer, whereas in terms of the amendment that was brought to the Income Tax Act by way of Finance Act, 202r w.e.f., 0t.04.202r onwards, proceedings .. ;#Fi.*- --.-...ffi_ i ! Il I ! I i i ,l r 2 under Section 148A of the Act as also under Section 148 of the Act ought to have also been issued and proceeded in a faceless manner

'the contention of the petitioner is that the issue of proceerlings being in violation of the Finance Act, 2021 i.e., the impugrred notices under Section l48A and Section [48 of the Act not being issued in a faceless manner, have already been dealt with and decided by this Court in the case of KANKANALA RAVINDRA REDDY vs. INCOME-TAX OFFICERT decided on 14.09.2023 whereby a batch of writ petitions were allowed and the pror:eedings initiated under Section l48A as also under Section 148 of the Act were held to be bad with consequential reliefs on the ground of it being in violation of the provisions of Section 15lA of the Act read with Notification 1812022 dated 29.03.2022. The said judgment passed by this Court has also been subsequently followed in a large number of writ petitions which were allowed on similar terms. '[(2023) 156 taxmann.com 178 (Telangana)] 3

5. Down the line, we find that the same issue has also been decided against the Revenue by various High courts i.e., by the Bombay High Courr in rhe case of HEXAWARE TECHNOLOGIES LTD., vs. ASSISTAI\T COMMISSIONER oF TNCOME TAx & orHERS2, Gauhati High court in the case of RAM NARAYAN sAH vs. uNIoN oF INDIA3, punjab and Haryana High court in the case of JATINDER srNGH BANGU vs- UNION oF INDIA4, and TelanganaHigh court in the case of SRI VENKATARAMANA REDDY PATLOOLA vs. DEPUTY coMIvilssIoNER oF INCOME TAxs where the issue was in respect of international taxation, Bombay High Court in the case of ABHIN ANILKUMAR SHAH vs. INCOME TAx OFFICE& INTERNATIONAL TAXATION6 which is again on international taxation and central circle, High Court of Himachal pradesh in the case of GOVIND SINGH vs. INCOME TAx OFFICERT, Gujarat High Court in the rur:, of MANSUKTIBHAI i 2lzoz+1464ITR 3l(2024) ' 430 (Bom) 156 taxmann.com 478 (Gauhati)l '[(2024) 165 taxmann.com I 15 (Punjab & Haryana)] '12024) 167 taxsrann.com 4l I (Telangana)l ' 12024) I 66 taxmann .com 679 (Bombay)1 '12024) 165 taxmann.com I l3 (Himachal Pradesh)I - 1 4 DAH'IABHAI RADADIYA vs. INCOME TAX OFFICE& WARD 3(3X5)8, Jharkand High Court in the case of SHYAM SUNDAR SAW vs. UNION OF INDIAe, Rajasthan High Court in the case of SIIARDA DEVI CTIHAJER vs. TNCOME TAX OFFICER & ANOTHER and batch of writ petitionsro which stood ,lecided on 19.03.2024. Similar views have also been taken by the Division Bench of Calcutta High Court in the case of GIRDHAR GOPAL DALMIA vs. UNION OF INDIA & ORS (M.A.ll 1690 of 2023),decided on25.09.2024.

6. Ilven though the same issue having been decided by a large number: of High Courts, we are still.confronted with large filing of identical matters on daily basis rangirfg between 5 to 10 writ petitions. That upon the instructions being sought from the Departrnent, they have been taking a solitary ground that the decision of the Bombay High Court in the case of Hexnware Technologies Ltd, (2 supra) as also the one which has been decided by this court in the case of Kanakala Ravindra Reddy 82024 SCC Online Guj 4012 " 2025 SCC Online Jhar 287 12023 : RI-JD :4984-DB l I o 5 (l supra) has been subjected to challenge in a Special Leave Petition i.e., SLP No.3574 of 2024 before the Hon'ble Supreme Court and the Hon'ble Supreme Court is seized of the matter. In addition, there are about 1200 SLPs also filed arising out of the same issue being decided by various High Courts.

7. To a query being put to the learned counsel for the Revenue, they have categorically accefted the fact that there is no interim order granted by the Hon'ble Supreme Court in any of these matters pending before it. Meanwhile, fresh writ petitions of identical nature are being piled up before this Bench on daily basis and the pendency is gettihg increased on matter which otherwise has already been dealt, and decided by this very High Court itself.

8. On the one hand, even though the order of this Court that was passed as early as on A.A9.2023 and more 16 months have lapsed, till date, we do not find any remedial steps having been taken by the lncome Tax Department to take appropriate steps to either hold back issuance of notice under Section l48A and under Section 148 of the Act by the jurisdictional Assessing Officer, rather the authorities concerned in the teeth of series of decisions 6 by alt the major High Courts in India are continuously still initiating proceedings under Section l48A of the Act and also initiating proceedings under Section 148 of the Act in contravention to the amendments brought into the lncome Tax Act pursuant to the Finance Act,2020 as also the Finance Act Z0Zl.

9. lUpon a query being put as to why can't this writ petition be disposrd of in the teeth of the decision rendered by this Court in the case of Kanakala Ravindra Reddy (l supra), learned Standing Counsel for the lncome Tax Department contends that those would unnecessarily burden the Income Tax Department where they would be required to file equd nufiiber'of sLPs before the Hon'bk: Supreme Court and it would'De ,further burdening the exchequer of the Union of India. It'tvas also the contention of the learned Standing Counsel that no"prejudice would be caused to the interest of the petitioners in case if this writ petition is kept pending till the finalization of the SLPs pending before the Hon'ble Suprem,: Court and the fact that the petitioner is already enjoying the bene:fit of interim protection. Nonetheless, on the earlier query of this ()ourt as to why the Income Tax Department have not come out with a mechanism to issue appropriat^-." r$tructions or to take i 7 appropriate steps in ensuring that proceedings under Section l48A of the Act as also the assessment orders under Section 148 of the Act are kept in a hold in the light of the decisions dedcided by the various High Courts, it was submitted by the learned Standing Counsel that the said steps can only be taken at the level of CBDT as any such steps would have to be taken Pan India and cannot be limited to any of these jurisdictional High Courts.

10. As a result of which, what we are facing is steep increase of litigation day in and day out even though various orders have been passed by this High Court allowing writ petitions on the very same issue. The Income Tax authoriti€s concerned are still even now in 2025 also initiating pgoc$dings in contravention to the provisions of Section 1514. of the Act and as a result by now, more than 600 to 700 petitions have been alre4dy got pited up before this High court on an issue which otherwise stands squarely covered by the judgment of this Court in the case of Kanakala Ravindra Reddy (1 supra). What is also surprising is the facr that though while allowing the writ petitions in 'the case of Kanakala Ravindra Reddy (1 supra), the Division Bench while reserving the right of the Revenue, has also protected the interest of the petitioners t. E insofar as the liberty which was granted to the Revenue for initiating fresh proceedings strictly in accordance with the amended provisions of the Act, as amended by the Finance Act, 2020 and the Finance Act, 202L The petitioner assessee would be entitled to challenge or raise the other legal objections if the Revenue initiates fresh proceedings. The Department has made no endeavour in availing the said liberty that was reserved for the Revenue. on the contrary, they have been still sticking on to the stand, which this High clourt as well as many other High courts already held to be

11. [t appears that because of,the.aforesaid liberty that this High court had granted permitting the Rev$nue for initiating fresh proceec.ings as a one-time measu?E in a faceless manner, the lncome Tax Department wants to take,advantage of the same by protracting these proceedings which would enable them to meet the limitation that would otherwise come in the way. Likewise, if the writ perltion is kept pending for a considerable long period of time and finally at a later stage if the Hon'ble Supreme court conflrrms the decision taken by this High Court as also by rhe other High courts in which the s[-ps are still pending, the Income Tax -1 9 -. ,- i Department would get the advantage of the liberty that is otherwise protected in favour of the Revenue for initiation of fresh proceedings from the disposal of these matters at a much later stage which would be advantageous and beneficial to the Revenue and would be equally disadvantageous and detrimental so far as interest of the assesses are concerned. As a consequence, the lncome Tax Department gets an extended period of time for initiation of fresh proceedings.

12. The alanning trend of docket explosion in this Court, despite the clear precedent set in Kanakala Ravindra Reddy (1 supra), is a matter of grave concefn. The.lrqome Tax Department's persistent initiation of fresh procee&ngs, disregarding the established judicial pronouncements, has led to an unprecedented surge in litigation with over 600-700 petitions piling up on the same issue. This deliberate approach not only undermines the principle of judicial precedent but also strains the judicial resources unnecessarily. The Department's strategy of awaiting the Supreme Court's decision on pending SLPs while continuing to initiate fresh proceedings appears to be a calculated.move to buy time and circumvent limitation periods, rather than adhering to the established legal J i b- 7 10 position. Such conduct raises serious questions about the administrative efficiency and the respect for judicial pronouncements, particularly when this Court has already provided a balarrced approach by preserving both the Revenue's rights and assesscs rnterests.

13. ,{nother aspect which needs to be considered is that in fact it should have been reali zedby the lncome Tax Department itself and should have found out via media in ensuring that proceedings under liections 148-,4. and 148 should not have been issued in a facelesr; manner, at least till the Hon'ble Suprerne Court decide the twelve hundred (1200) odd SLPs which iils already seized of or, at least the Income Tax Department should fiIve found out some remedizrl steps to ensure that wherbirer the authoriiies intend to initiate proceedings under Sections 148-A and 148, other than in a faceless manner, the proceedings should have been deferred without precipitating the matter further intimating the assessee that they sha.ll initiate appropriate proceedings only after the SLP's are decided by the Hon'ble Supreme Court on the very same issue. This again, the Income Tax Department, has not been able to give a convincing reply, except for the fact that such a decision if at all 11 has to be taken, has to be taken for the whole of India, and which otherwise has to be by way of a policy decision and that too at the level of Central Board of Direct Taxes. Though the learned Standing Counsel for the Income Tax Department contended that the Delhi High Court dismissed a writ petition of similar nature, on the one hand when the High Court is struggling to reduce its pendency, such notices which are under challenge in this writ petition are forcing the assessee to knock the doors of this High Court resulting in filing of hundreds of new writ petitions which in the long run not only affects the disposal of the writ petitions but also consumes substantial ,P.: of the Bench in hearing these matters again and agajn,qn {aily basis. Admittedly, in spite of the matter before the Hon'ble Supreme Court having been taken on many occasions, the Hon'ble Supreme Court which is seized of the matter has been reluctant in granting any interim protection to the Income Tax Department. Yet, the authorities concemed at the State level are not ready to accept the verdict passed by a majority of High Courts of different States on the same issue; and to make things further worse, the Income Tax Department is showing audaqity by issuing notices continuously under Sections 148-A and \ \ \,' t2 148 through the jurisdictional Assessing offrcer whereas it ought to have:been only in the faceless manner.

14. In the case of BANK OF INDIA vs. ASSISTANT coMl{ISSIoNE& INcoME TAxrr, on an issue whether it was justifiallle on the part of the lncome Tax Department in not following an order passed by the adjudicating authority only on the ground that the appeals are pending, the nivision Bench of the High Court of Bombay held at paragraph No.25 as under, viz.,: ' t'r ."; "25 Mr. Paridwalla has rightly.drawn out attention to the decision of this Court in Gommissioner of lncome Tax vs. Smt. Gorlavaridevi Sarafl2 as also the receJrt decision of the co- ordinate Bench of this court in sffi Furniture (p) Ltd. v. lrol3 of rrvhich one of us (Justice G.S. Kulkami) q7s.,3 member, wherein the Court categorically observed that the Revenue hiving not "accepted' the judgment of the High Gourt would not meah that till the ,same is set aside in a manner known to law, it would loose its binding force. Refening to the dec'1sion of the Supreme Court in Union of lndia vs. Kamlakshi Finance Gorporation Ltd.r4, the Cou( observed that the approach of the officials of Revenue of trealing decisions being "not acceptable" was criticized by the Supreme Court. ln such decision, _foltoring are the relevant obse,rvations made by the Supreme Court. '.'" 1<ZOZSI 17 0 taxmann.com 422 (Bombay)l '" Il978l tl3 ITR 589 (Bombay) " IZOZ+1165 taxmann.com 5gl/300 Taxman 452 (Bombay) 'o ltggZlraxmann.com 16155 ELT 433 (SC) , I I -:l 13 'ti"r" "6. Sri Reddy is perhaps right in saying that the officers were not actuated by any mala fides in passing the impugned, orders. They perhaps genuinely felt that the claim of the assessee was not tenable and that, if it was accepted, the Revenue would suffer. But what Sri Reddy overlooks is that we are not concerned *itn the correctness or otherwise of their conclusion or of any factual malafides but with the fact that the officers, in reaching in their conclusion, by-passed two appellate orders in regard to the same issue which were placed before them, one of the Collector (Appeals) and the other of the Tribunal. The High Court has, in our view, righfly criticized this conduct of the Assistant Collectors and the harassment to the assessee caused by the faiture of these officers' to give effect to the orders of authorities higher to them in the appellate hierarchy. lt cannot be too -vehemently emphasized that it is of utmost importance' ffir in disposing of the qrriilrui"i"l'is5tl6s before them, revenue officers are bound by the decisions of the appellate authorities. The oider of the'Ap$itte Collector is binding on the Assistant Collectors frorking within his jurisdiction and the order of the Tribunal id'binding upon the Assistant Collectors and the Appellate Collectors who function under the jurisdiction of the Tribunal. The principles of judicial discipline require that the orders of the higher appellate authorifres shoutd be follciwed unreservedly by the subordinate authorities. The mere fact that the order of the appellate authority is not "acceptable" to the department - in itself an objectionable phrase - and is the subject matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent court. tf this healthy \ \ :E- 14 rule is not followed, the result will only be undue harassment to assesses and chaos in administration of tax laws.

12. We have dealt with this aspect at some length, because it has been suggested by the learned Additional Solicitor General that the observations made by the High Court, have been harsh on the officers. lt is clear that the observations of the High Court, seemingly vehement, and apparentty unpalatable to the Revenue, are only intended to curb a tendency in revenue mafters which, if allowed to become widespread, could result in considerable harassment to the assesses-public without any benefit to the Revenue. We would like to say that the department should take these observations in the proper spirit. The observations of the High Court should be kept in mind in i#ni and the ,trn*t regard should be paid by the adjudicatir.rg.ar.dhorities and the appellate authorities to the requirements of judicial discipline and the need for giving effect to the orders of the higher appellate authorities which are binding on them."

15. v/hat is worrying this Bench more is the fact that an endeav()ur is being made whole heartedly to ensure not to generate further litigation on issues which have been laid to rest by a large number of High Courts all of whom have taken a consistent stand that the action of the Income Tax Department being violative of the 7 i I I I I I I I I I I i I I 15 Finance Act,2020 and Finance Act, ZO2l. Now, in order to protect the interest of the Revenue as also that of the assessee, it would be trite at this juncture, if we dispose of the writ petition with an observation/direction that the disposal of the instant writ petition in terms of the judgment rendered by this High court in the case of Kankanala Ravindra Reddy (1 supra) shall however be subject to the outcome of the SLPs which were filed by the Income Tax Department and which is pending consideration before the Hon'ble Supreme Court.

16. In the given facts and circumstances, this Bench is of the considered opinion tliati Jnless and until we do not timely dispose lc. +r...$, of matters which are squarely covered by the decision of this Court and which stands fortified by the decisions of the various other High Courts on the very same issue, the pendency of this High Court would further be burdened which otherwise can be decided and disposed of as a covered matter.

17. So far as the interest of the Revenue is concemed, we are of the considered opinion that the interest of the Revenue has already been considered and protected, as has been observed in paragraphs r Lt /-t ,/,,4 16 36,37 and 38 of the order which, for ready reference, is reproduced hereurrder:

36. For all the aforesaid reasons, the impugned notices issued and the proceedings drawn by the respondent- Department is neither tenable, nor - sustainable. The notices so issued and the procedure adopted being per se illegal, deserves to be and are accordingly set aside/quashed. As a consequence, all the impugned orders getting quashed, the ctf,rsequentialorders passed by the respondent-Department pursuant to the notices issued under Section 147 and 148 woutd also get quashed and it is ordered accordingly. The reason we are quashing the consequential order is on the principles that when the initiation of the proceedings itself was procedurally wrong, the subsequent orders also gets

37. The preliminary objection raisedlEy he petitibner is sustained and all these writ petitions stands allowed on this very jurisdictional issue. 6in"" the impugned notices and orders are getting quashed on the point of jurisdiction, we are not inctrned to proceed further and decide the other issues raised by the petitioner which stands reserved to be raised and contended in an appropriate proceedings.

38. Since the Hon'ble Supreme Court had, ln the case of Ashish Agarwal, supra, as a one-time measure exercising the powers under Article 142 of the Constitution of lndia, permitted the Revenue to proceed under the substituted provisions, and this Court allowing the petitions only on the procedural flaw, the right 7 a : I ; a t 77 conferred on the Revenue would remain reserved to proceed further if they so want from the stage of the order of the Supreme Court in the case of Ashish Aganral, supra.

18. We would only further like to make observations that since we are inclined to dispose of the instant writ petition, conscious of the fact that the earlier order of this High Court in the case of Kanakala Ravindra Reddy, (l supra) is subjected to challenge before the Hon'ble Supreme Court in SLP No.3574 of 2024, preferred by, the Income Tax Department, we make it clear that I I allowing of the instant writ petition is subject to outcome of the aforesaid SLP preferred by the Revenue against the decision of this High Court in the,gasqof Kanakala Ravindra Reddy (l supra). This, in other words, would mean that either of the parties, if they so want, may move an appropriate petition seeking revival of this ' .-..t" writ petition in the light of the decision of the Hon'ble Supreme Court in the pending SLP on the very same issue.

19. Accordingly, the instant writ petition stands allowed in favour of the assessee so far as the issue of jurisdiction is concerned. As a consequence, the impugned notice under challenge under Sections 148-A and 148 stands set aside/quashed. / ;::.: t 18 The consequential orders, if any, also stand set aside/quashed in similar terms as have been passed by this High court in the case of Kankamala Ravindra Reddy (l supra). There shall be no order as to costs. tlonsequently, miscellaneous petitions pending, if any, shall stand closed. \ To, //TRUE COPYII Sd/-T. JAYASREE DEPUTY REGISTRAR SECTION OFFICER ,/ 1 R.R. of f:inance Govt. of lndia, New Oetni. The lncome Tax Officer. Ward g(1). Kothaguda, Opp. Botanical earOei, S-erilinga Towers, Kondaour. District, Hyderabad 2. Th': Princioal commissioner of tncome_Tax - il, Hyderabad signature Towers, Ko rdapu r,'. Kothasud-, ooo: *6d;i-GJt"n, s3irinirrn pa[y, R. R. Districr, Hy,Jerabad 3' The National Faceless Assessment.Centre, lncome Tax Department Ministry 4. Thr; secretarv. Union of lndia, Ministry of Finance 166-8 North Block, New 5. One CC to SRt. p SRTKANTH RAO Advocate tOpUCI 6. one cc to Ms- J suNrrHA (sR sc FoR TNCOME TAX) topucl 7 ' Oner CC to Sri Gadi Praveen Kumar, Deputy Solicitor General of lndia tOpUCl 8. Twc CD Cooies Delhi- t to o6i. KKS PVL u .::#,+' HIGH I3OURT DATED i20t06t2L2.s L) t * 'tr-lE s 7 3 APR 2026 * ,.1{C ORDER: WP.No.1t140 of 2O2S ALLOW]NG THE WRIT PETITION eoQ'9) 4e i