Date Of Decision: 19.05.2025 v. Income Tax Officer & Others

( 2025:HHC:14733 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 7267 of 2025 Date of decision: 19.05.2025 Neesha Thakur ….Petitioner Versus Income Tax Officer & others ….Respondents Coram: Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting ?[1] For the Petitioner:Mr. Vishal Mohan, Senior Advocate with Mr.Praveen Sharma and Mr. Varun Gupta,Advocates. For the Respondents:Mr. Neeraj Sharma and Mr. Ishan Kashyap,Advocates, for the respondents. Tarlok Singh Chauhan, Judge (Oral) The instant petition has been filed for grant of the following substantive relief:- “(i) That this Hon’ble Court may be pleased to issue writ in thenature of certiorari or any other appropriate writ, order or direction,thereby quashing/setting aside the impugned notice under Section148, dated 05.04.2023 (Annexure P-4) and impugned order dated28.03.2025 (Annexure P-7) being illegal, without jurisdiction,against the procedure and further based on the illegalsanction/approval under Section 151 of the Income Tax Act, 1961and all proceedings/actions consequent thereto.” 2. The subject matter of the challenge in this petition, whereby the legality, validity and propriety of impugned notice under Section 148, 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:14733 ) dated 05.04.2023 (Annexure P-4) and impugned order dated 28.03.2025(Annexure P-7) is already under consideration before the Hon’bleSupreme Court of India in SLP (c) Diary No. 17041/2024., case titledUnion of India & Ors. Vs. Association of Technical TextilesManufacturers and Processors & Anr. 3.Since the issue involved in this petition is already pendingconsideration before the Hon’ble Supreme Court, therefore, keeping inview the judicial discipline, we refrain ourselves from giving our opinionwith respect to impugned notice under Section 148, dated 05.04.2023(Annexure P-4) and impugned order dated 28.03.2025 (Annexure P-7), asassailed in this petition. We direct that the present petition shall begoverned by the judgment passed by the Hon’ble Supreme Court and thedecision thereto, shall be binding on this case also. The petition is disposed of in above terms, so also thepending application(s), if any. ( Tarlok Singh Chauhan ) Judge ( Sushil Kukreja ) Judge Judge May 19, 2025 (raman)