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 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)

S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO); invalid for violating mandatory scheme under section 151A-Time limit for notice-For AY 2013-14, notice issued after 31.03.2021 is barred by limitation. [S. 148, 148A(b),148A(d), 149, Art. 226]

Everest Flavours Ltd v. NFAC [2024] 166 taxmann.com 621 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Notice-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-As per section 151A and the scheme notified thereunder, JAO lacks jurisdiction-Notice invalid. [S. 148, 148A(b),148A(d) Art. 226]

Tilak Ventures Ltd v. UOI [2024] 166 taxmann.com 68 (Bom.)(HC)

S. 151A: Face less assessment scheme-Reassessment-Notice issued by Jurisdictional Assessing Officer (“JAO”) instead of Faceless Assessing Officer (“FAO”) is invalid; jurisdiction under the scheme is exclusive. [S. 148,148A(b),148A(d), Art 226]

Epsilon Carbon (P.) Ltd v. ACIT [2024] 165 taxmann.com 790 (Bom.)(HC)