Balaji Bison Tape Tax Assessment Set Aside

Authority: High Court of Punjab and Haryana at Chandigarh

Order Date: 19 October 2024

Petitioner: Balaji Bison Tape Private Limited
Respondents: Assistant Commissioner of Income Tax and others
The petition challenged notices and an order dated 30 March 2023 issued under Section 148 of the Income Tax Act, 1961, alleging lack of jurisdiction and procedural irregularities.
The Court relied on earlier judgments: No. 21509/2023 (Jasjit Singh v. Union of India, decided 29 July 2024) and No. 15745/2024 (Jatinder Singh Bhangu v. Union of India, decided 19 July 2024), which held that circulars or instructions cannot override statutory provisions.
The Court examined circulars dated 28 Feb 2023, 16 Mar 2023, 20 Mar 2024 and a notice dated 31 Aug 2024, concluding they were inconsistent with Sections 119, 120, 144B(7‑8) and 148 of the Act.

The notices and the order dated 30 March 2023 are set aside for want of jurisdiction.
All writ petitions filed by the petitioner are allowed.
All pending applications related to the assessment proceedings are disposed of.
The interim order previously passed merges with this final order.

Topics: Tax Assessment, Judicial Precedent, Income Tax Act