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-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)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Conducting inquiry, providing opportunity before issue of notice-Notices issued by Jurisdictional Assessing Officer instead of Faceless Assessing Officer-Vitiates proceedings. [S. 148, 148A(b), 148A(d),Art. 226]
Ganesh Nivrutti Jagtap v. ACIT [2024] 166 taxmann.com 168 (Bom.)(HC)
S. 151A: Face less assessment scheme-Reassessment-Time limit for notice –Jurisdiction-For AY. 2015-16, a notice issued after the six-year period expired on 31.03.2022 is barred by limitation by virtue of the first proviso to Section 149(1)-Jurisdiction-Notice under section 148 can be issued only by a Faceless Assessing Officer, not by a Jurisdictional Assessing Officer. [S. 148,148A(b), 1488A(d), 149, Art. 226]
Dosch Pharmaceutical (P.) Ltd. v. ITO [2024] 166 taxmann.com 216 (Bom.) (HC)
S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notice-A notice under section 148 issued by a Jurisdictional Assessing Officer (JAO) is without jurisdiction and invalid; the mandatory scheme notified under section 151A requires such notices to be issued by a Faceless Assessing Officer (FAO) through automated allocation.[S 144B, 148, 148A(b), 148A(d) Art. 226]
Reliance Industries Ltd v. DCIT [2024] 166 taxmann.com 102 (Bom.)(HC)