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2024 Supreme(P&H) 880

SHEEL NAGU, JAGMOHAN BANSAL
Jatinder Singh Bhangu – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Sandeep Goyal, Mr. Rishab Singla, Mr. Peyush Pruthi, Ms. Aakriti, Mr. Nitish Bansal and Mr. Nazuk Singhal, Advocates; For the Petitioner
Mr. Amanpreet Singh, Standing Counsel for Income Tax Deptt. in CWP No.15745 of 2024.
Mr. Vaibhav Gupta, Standing Counsel for Income Tax Deptt. in CWP No.15791 of 2024.

JUDGMENT

Mr. Jagmohan Bansal, J.

By this common order, the civil writ petitions 15745-2024 & 15791-2024 are disposed of as issues involved and prayer sought therein are common. For the sake of brevity and convenience, facts are borrowed from CWP-15745-2024.

2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking following relief:-

    (i) Issuance of a writ In the nature of prohibition restraining Respondent No.4 from proceeding ahead in pursuance to the intimation dated 21.06.2024 (Annexure P-4) as the initiation of proceedings by Respondent No.3 by issuing Notice under Section 148 dated 28.03.2024 (Annexure P-2) is without jurisdiction as Respondent No.3 could not have issued Notice under Section 148 after the introduction of E-Assessment Faceless Scheme and also for the reason that no reasoning has been assigned as to why the case of the petitioner is selected for proceedings under Section 148;

    (ii) For the issuance of a writ in the nature of certiorari for quashing the Approval dated 22.03.2024 (Annexure P-3) accorded by Respondent No.2 under Section 151 of the Act ibid having been issued without due application of mind and without di

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