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2025 Supreme(Raj) 323

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI, HON'BLE MR. JUSTICE MUNNURI LAXMAN, JJ
Sharda Devi Chhajer W/o Shri Jatan Lal Chhajer – Appellant
Versus
The Income Tax Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vikas Balia, Senior Advocate assisted by Mr. Sachin Saraswat & Mr. Priyansh Arora. Mr. Anjay Kothari Mr. Sharad Kothari Mr. Prateek Gattani Mr. Pranjul Mehta Mr. J.S. Saluja Mr. Shafi Mohd. through VC.
For the Respondent: Mr. K.K. Bissa.

Judgment :

Dr. Pushpendra Singh Bhati, J:

1. The instant Civil Writ Petitions have been preferred claiming, in sum and substance, the following reliefs:

“It is, therefore humbly prayed that Your Lordships may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:-

i) quash and set aside the notice issued u/s 148 dated 23.03.2024 (Ann.-6) and all other subsequent proceedings because :-

(a) the notice is issued is in contravention of the “e-Assessment of Income Escaping Assessment Scheme, 2022” issued by notification dated 29.03.2022 (Ann.7) by the CBDT, as well as section 144B of the Act of 1961 as such is out of jurisdiction hence ultra-virus to the notification dated 29.03.2022, and section 144B is arbitrary, unfair and unreasoned.

(b) the approval of the specified authority (Ann-5) is also invalid because it is unsigned, hence unjustified, unreasoned, unfair and arbitrary.

(ii) Any other suitable order or direction, which the Hon’ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favor of the Petitioner.”

2. The facts of the lead case, in which all submissions have been made combine

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