Madras High Court
Prabhat Kamal Gupta vs National Faceless Assessment Centre on 18 November, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.38825 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.38825 of 2025
and
W.M.P.Nos.43446, 43447, 43454 & 43455 of 2025
Prabhat Kamal Gupta ... Petitioner
Vs.
1. National Faceless Assessment Centre
Income Tax Department,
Jawahar Lal Nehru Stadium,
New Delhi – 110 003.
2. Income Tax Officer,
Non-Corporate Ward 19(4) CHE,
Income Tax Department,
121, Mahatma Gandhi Road,
Chennai – 600 034. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorari, calling for the records of the 1 st Respondent
contained in its Notice issued under Section 274 read with Section 270A of
the Income Tax Act, 1961 (hereinafter referred to as the “Act”), bearing DIN:
ITBA/PNL/S/270A/2024-25/1075191056(1), dated 28.03.2025 and all
proceedings in furtherance thereto including but not limited to the Show
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W.P.No.38825 of 2025
Cause Notice issued under Section 270A of the Act, bearing DIN:
ITBA/PNL/F/270A/2025-26/1080529060(1), dated 10.09.2025, Penalty
Order passed under Section 270A of the Act, bearing DIN:
ITBA/PNL/F/270A/2025-26/1081313069(1), dated 29.09.2025 and the
Notice issued under Section 156 of the Act, bearing DIN and Notice No:
ITBA/PNL/S/156/2025-26/1081312868(1), dated 29.09.2025 and to quash
the same as arbitrary and unjust, for the AY 2023-24, for PAN:
AAFPP1676E
and calling for the records of the 1st Respondent contained in its Notice
issued under Section 274 read with Section 272A(1)(d) of the Act, bearing
DIN: ITBA/PNL/S/272A(1)(d)_FL/2024-25/1075161740(1), dated
28.03.2025 and all proceedings in furtherance thereto including but not
limited to the Show Cause Notice issued under Section 272A(1)(d) of the
Act, bearing DIN: ITBA/PNL/F/272A(1)(d)/2025-26/1080657764(1), dated
12.09.2025, Penalty Order passed under Section 272A(1)(d) of the Act,
bearing DIN: ITBA/PNL/F/272A(1)(d)/2025-26/1080802847(1), dated
16.09.2025 and the Notice issued under Section 156 of the Act, bearing DIN
and Notice No: ITBA/PNL/S/156/2025-26/1080802081(1), dated 16.09.2025
and quash the same as arbitrary and unjust, for the AY 2023-24, for PAN:
AAFPP1676E.
For Petitioner : Mr.Suhrith Parthasarathy
For Respondents : Mrs.S.Premalatha
Senior Standing Counsel
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W.P.No.38825 of 2025
ORDER
Mrs.S.Premalatha, learned Senior Standing Counsel, takes notice for the respondents.
2. In this Writ Petition, the petitioner has challenged the impugned notices dated 28.03.2025 and consequential proceedings thereto.
3. This Court, in W.P.No.13689 of 2025 dated 18.11.2025, has passed the following orders under similar circumstances:
“3. In this Writ Petition, the petitioner has challenged the impugned Order dated 28.03.2025 passed for the assessment year 2023-2024. The impugned order has been passed to avoid the assessment being barred by limitation under Section 151 of the Income Tax Act, 1961.
4. The reason for passing the impugned order has been captured in Paragraph No.6.1.6 of the impugned order, which reads as under:
“6.1.6. Therefore, assessee’s objection to Circle rate determined by the Stamp Valuation Authority by relying merely on the comparison of consideration received by another seller during the same financial year 2022-23 for a property in the same zone, is not acceptable. However, on assessee’s request the matter has been referred of technical assistance to department’s District Valuation Officer (DVO). However, the report has not been received yet and as the matter is getting time barred, therefore, order is being passed by taking sale consideration at Rs.67,00,00,000/-. Subsequently, when report from DVO will be received then effect of the same may be given accordingly.” 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/12/2025 12:09:25 pm ) W.P.No.38825 of 2025
5. The learned counsel for the petitioner would submit that a report of the District Valuation Officer, Delhi, dated 07.07.2025 has been received, as per which, the value of the property in respect of which long-term capital has been confirmed by the impugned order has now arrived at Rs.38,80,08,200/- as against the value of Rs.67,00,00,000/-.
6. Considering the above submission, the impugned assessment order is quashed and the case is remitted back to the respondent to pass a fresh order in the light of the report of the District Valuation Officer, Delhi, dated 07.07.2025, stated supra. It is needless to state that, before passing any such order, the petitioner shall be heard.
7. In view thereof, this Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs.”
4. In view of the same, the orders impugned in this writ petition are also quashed and the case is remitted back to the 1 st respondent to pass a fresh order, subject to the final assessment order to be passed in the light of the aforesaid orders in W.P.No.13689 of 2025 dated 18.11.2025.
5. Accordingly, this Writ Petition stands allowed. Consequently, connected miscellaneous petitions are closed. No costs.
18.11.2025 raja 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/12/2025 12:09:25 pm ) W.P.No.38825 of 2025 Neutral Citation : Yes / No To
1. National Faceless Assessment Centre Income Tax Department, Jawahar Lal Nehru Stadium, New Delhi – 110 003.
2. Income Tax Officer, Non-Corporate Ward 19(4) CHE, Income Tax Department, 121, Mahatma Gandhi Road, Chennai – 600 034.
5/6https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/12/2025 12:09:25 pm ) W.P.No.38825 of 2025 C.SARAVANAN, J.
raja W.P.No.38825 of 2025 18.11.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/12/2025 12:09:25 pm )