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)-Vitiated for want of jurisdiction. [S.148, 148A(b), 148A(d), Art. 226]

HDFC Ergo General Insurance Ltd v. ACIT [2024] 168 taxmann.com 357 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notices under sections 148 and 148A issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Held to be without jurisdiction and invalid. [S.148, 148A(b), 148A(d), Art. 226]

Eureka Forbes Ltd v. DCIT [2024] 168 taxmann.com 222 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Central charge-Reassessment proceedings under sections 148 and 148A initiated by Jurisdictional Assessing Officer-Invalid as jurisdiction vests with Faceless Assessing Officer under scheme notified through Notification No. 18/2022-Exclusion for ‘central charges’ not applicable. [S.144B, 148, 148A(b), 148A(d) Art. 226]

Aristo Pharmaceuticals (P.) Ltd v. ACIT [2024] 167 taxmann.com 315 (Bom.) (HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notices and order under sections 148A and 148 issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO) as required by scheme under section 151A-Proceedings held invalid and without jurisdiction. [S.148, 148A(b), 148A(b),Art. 226]

Bank of India v. ACIT [2024] 167 taxmann.com 75 (Bom.)(HC)

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)