The High Court held that an order passed under section 148A(d) and the consequent notice issued under section 148 by the Jurisdictional Assessing Officer (JAO) were invalid and without jurisdiction. The Court ruled that as per the mandatory scheme notified under section 151A of the Income-tax Act, 1961, such proceedings must be initiated by a Faceless Assessing Officer (FAO) through automated allocation. Reiterating its earlier decisions, the Court clarified that there is no concurrent jurisdiction between the JAO and the FAO, and an action by an authority contrary to the prescribed legal procedure is invalid per se, without the assessee needing to establish any prejudice. Furthermore, the Court held that the notice for the AY. 2013-14, having been issued after 31.03.2021, was also barred by limitation. Accordingly, the proceedings were quashed. (AY. 2013-14)
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]
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