Jatinder Singh. Vs ACIT (Himachal Pradesh High Court)
The Himachal Pradesh High Court stayed reassessment proceedings initiated under Section 148 of the Income Tax Act for Assessment Year 2017–18, as the validity of such notices was already pending consideration before the Supreme Court of India. The petitioner had challenged the notice dated 31.08.2024 issued under Section 148, seeking its quashing on the ground of lack of jurisdiction and also prayed for a stay on consequential reassessment proceedings.
The High Court noted that the legality, validity, and propriety of similar notices issued under Section 148 were the subject matter of consideration before the Supreme Court in SLP (C) No. 17040/2024 and connected matters. In view of this, the High Court declined to examine the merits of the challenge, observing that judicial discipline required it to refrain from expressing any opinion while the issue was sub judice before the apex court. The Court directed that the present petition would be governed by the final judgment of the Supreme Court and that the decision rendered therein would be binding on the present case as well.
The High Court further observed that allowing reassessment proceedings to continue during the pendency of the matter before the Supreme Court would result in multiplicity of litigation. To avoid such consequences, it considered it appropriate to stay the reassessment proceedings before the competent authority until the Supreme Court finally decides the issue concerning the validity of Section 148 notices. Accordingly, the reassessment proceedings were stayed, and the petition was disposed of along with all pending applications.
