Author: ksalegal

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SP. Armada Oil Exploration (P.) Ltd. v. DCIT [2024] 167 taxmann.com 114 (Bom.)(HC)

S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notice for reassessment issued by a Jurisdictional Assessing Officer (JAO) instead of a Faceless Assessing Officer (FAO) is without jurisdiction and invalid. [S. 148, 148A(b), 148A(d), Art. 226]

Air India Ltd v. ACIT [2024] 166 taxmann.com 345 (Bom.)(HC)

S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notice-Notice under section 148A(b), order under section 148A(d) and consequent notice under section 148 issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Without jurisdiction and invalid. [S.148, 148A(b), 148A(d), Art. 226]

Paras Mahendra Shah v. UOI [2024] 165 taxmann.com 546 (Bom.) (HC)

S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notice-Notice for reassessment issued by Jurisdictional Assessing Officer (JAO) is invalid as only Faceless Assessing Officer (FAO) has jurisdiction under scheme framed under section 151A. [S.148, 148(A)(b), 148A(d),151A(2), Art. 226]

Shreenath Finstock (P) Ltd v. UOI [2024] 166 taxmann.com 133 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice-Notice issued by Jurisdictional Assessing Officer instead of Faceless Assessing Officer as required by scheme under section 151A is invalid-Notice also barred by limitation. [S.148,148A(b), 148A(d), 149,Art. 226]

Ganesh Nivrutti Jagtap v. ACIT [2024] 166 taxmann.com 168 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Conducting inquiry, providing opportunity before issue of notice-Notices issued by Jurisdictional Assessing Officer instead of Faceless Assessing Officer-Vitiates proceedings. [S. 148, 148A(b), 148A(d),Art. 226]

Dosch Pharmaceutical (P.) Ltd. v. ITO [2024] 166 taxmann.com 216 (Bom.) (HC)

S. 151A: Face less assessment scheme-Reassessment-Time limit for notice –Jurisdiction-For AY. 2015-16, a notice issued after the six-year period expired on 31.03.2022 is barred by limitation by virtue of the first proviso to Section 149(1)-Jurisdiction-Notice under section 148 can be issued only by a Faceless Assessing Officer, not by a Jurisdictional Assessing Officer. [S. 148,148A(b), 1488A(d), 149, Art. 226]

Reliance Industries Ltd v. DCIT [2024] 166 taxmann.com 102 (Bom.)(HC)

S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notice-A notice under section 148 issued by a Jurisdictional Assessing Officer (JAO) is without jurisdiction and invalid; the mandatory scheme notified under section 151A requires such notices to be issued by a Faceless Assessing Officer (FAO) through automated allocation.[S 144B, 148, 148A(b), 148A(d) Art. 226]

Everest Flavours Ltd v. NFAC [2024] 166 taxmann.com 621 (Bom.)(HC)

S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO); invalid for violating mandatory scheme under section 151A-Time limit for notice-For AY 2013-14, notice issued after 31.03.2021 is barred by limitation. [S. 148, 148A(b),148A(d), 149, Art. 226]

Tilak Ventures Ltd v. UOI [2024] 166 taxmann.com 68 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Notice-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-As per section 151A and the scheme notified thereunder, JAO lacks jurisdiction-Notice invalid. [S. 148, 148A(b),148A(d) Art. 226]

Epsilon Carbon (P.) Ltd v. ACIT [2024] 165 taxmann.com 790 (Bom.)(HC)

S. 151A: Face less assessment scheme-Reassessment-Notice issued by Jurisdictional Assessing Officer (“JAO”) instead of Faceless Assessing Officer (“FAO”) is invalid; jurisdiction under the scheme is exclusive. [S. 148,148A(b),148A(d), Art 226]