For the relevant assessment year, the jurisdictional AO issued notice u/s 148 of the Act, after passing the order u/s 148A(d) of the Act. On filing the Writ Petition, the Hon’ble Court observed that the scheme notified by the Central Government pursuant to Section 151A(2) of the Act vide Notification dtd. 29–03–2022 tabled in Parliament and is in the character of subordinate legislation, which govern the conduct of proceedings u/s 148A as well as u/s 148 of the Act. Following the explicit declaration of law in Hexaware Technologies Ltd. Vs. Asstt. CIT (2024) 162 taxmann.com 225 / 464 ITR 430 (Bom)(HC) (AY. 2013-14)
Future Generali India Insurance Co. Ltd. v. ACIT (2024) 301 Taxman 189 (Bom)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued by JAO is in contravention of faceless mechanism provided under section 151A-is bad in law.[S.148, 148A(b) 148A(d) 151A(2) Art. 226]