Reassessment proceedings were initiated against the assessee. The assessee filed writ petition for challenging said notice on the ground that the reassessment proceedings were initiated by the Jurisdictional Assessing Officer (JAO) instead of a Faceless Assessing Officer (FAO), as required by section 151A. It contended that the notice was invalid due to non-compliance with the mandatory faceless assessment procedure. Court held that the revenue is not in compliance with the scheme notified by the Central Government pursuant to section 151A(2). The scheme has also been tabled in Parliament and is in the character of subordinate legislation, which governs the conduct of proceedings under section 148A as well as section 148. The Notice and order disposing the objection is quashed. Followed. Hexaware Technologies Ltd. v. Asstt. CIT [2024] 162 taxmann.com 225/464 ITR 430 (Bom)(HC) Nainraj Enterprises (P.) Ltd. v. Dy. CIT [Writ Petition (L.) No. 16918 of 2024, dated 2-7-2024](Bom)(HC) (AY. 2019-20)
Future Market Networks Ltd. v. Asst. CIT (2024) 300 Taxman 480 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]
Leave a Reply