This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO) as required by scheme under section 151A; notice held to be without jurisdiction and quashed. [S.148, 148A(b), 148A(d), Art. 226]
Great Eastern Shipping Co Ltd v. ACIT [2024] 167 taxmann.com 186 (Bom.) (HC)
S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Reassessment notice issued by Jurisdictional Assessing Officer (JAO) held invalid as per section 151A and the notified scheme, which mandates issuance by a Faceless Assessing Officer (FAO). [S. 148, 148A(b), 148A(d), Art. 226]
Mondelez India Foods (P.) Ltd v. ACIT (2024) 167 taxmann.com 380 (Bom.) (HC)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Mandatory scheme under section 151A not followed-Proceedings vitiated for want of jurisdiction. [S. 119, 148, 148A(b),148A(d), Art. 226]
BKS Galaxy Realtors LLP v. ACIT [2024] 167 taxmann.com 154 (Bom.)(HC)
S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notices issued by Jurisdictional Assessing Officer instead of Faceless Assessing Officer-Procedure mandatory even for cases under ‘central charges’-Notices quashed. [S. 119, 144B, 147, 148, 148A(b), 148A(d), Art. 226]
Theo Connect (P.) Ltd v. ACIT [2024] 167 taxmann.com 55 (Bom.)(HC)
S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notice for reassessment issued by Jurisdictional Assessing Officer is invalid; jurisdiction lies exclusively with Faceless Assessing Officer under faceless scheme. [S 148, 148A(b), 148A(d), Art. 226]]
Bmc Software India (P.) Ltd. v. DCIT [2024] 167 taxmann.com 39 (Bom.) (HC)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer-As per scheme notified under Section 151A, exclusive jurisdiction vests with Faceless Assessing Officer-Notice issued by Jurisdictional Assessing Officer held invalid and quashed. [S. 148, 148A(b), 148A(d) Art. 226]
Godrej and Boyce Manufacturing Co Ltd v. ACIT [2024] 166 taxmann.com 686 (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]
SP. Armada Oil Exploration (P.) Ltd. v. DCIT [2024] 167 taxmann.com 114 (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]
Air India Ltd v. ACIT [2024] 166 taxmann.com 345 (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]
Paras Mahendra Shah v. UOI [2024] 165 taxmann.com 546 (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]
Shreenath Finstock (P) Ltd v. UOI [2024] 166 taxmann.com 133 (Bom.)(HC)