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-Notice issued by Jurisdictional Assessing Officer (JAO)-As per scheme notified under Section 151A, notice for reassessment must be issued by Faceless Assessing Officer (FAO) through automated allocation-Notice issued by JAO is without jurisdiction and invalid. [S. 148, 148A(b),148A(d), Art. 226]

Pooja Vaibhav Shah v. ACIT [2024] 165 taxmann.com 725 (Bom)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Under the scheme notified pursuant to Section 151A, a notice for reassessment can only be issued by a Faceless Assessing Officer (FAO) through automated allocation; a notice issued by the Jurisdictional Assessing Officer (JAO) is without jurisdiction and invalid. [S.148, 148A(b), 148A(d), Art. 226]

Reliance Jio Infocomm Ltd v. DCIT [2024] 165 taxmann.com 547 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice for reassessment issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Proceedings-Sanction for issue of notice-Reassessment initiated after three years-Sanction granted by authority under section 151(i) instead of higher authority under section 151(ii)-Sanction invalid. [S. 147, 148, 148A(b) 148A(d), 151(1)(151(ii), Art. 226]

Navita S. Hetampuria v. ITO [2024] 165 taxmann.com 424 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Held invalid for violating S. 151A. [S. 148, 148A(b), 148A(d), Art. 226]

Vikram Developers (P.) Ltd v. ITO [2024] 165 taxmann.com 266 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Notice under section 148 and order under section 148A(d) issued by Jurisdictional Assessing Officer (JAO)-Without jurisdiction and invalid. [S. 148, 148A(b), 148A(d), Art. 226]

L & T Finance Ltd. v. ACIT [2024] 165 taxmann.com 331 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Notice under section 148 and order under section 148A(d) issued by Jurisdictional Assessing Officer (JAO)-Non-compliance with mandatory faceless mechanism under section 151A-Reopening proceedings quashed. [S. 148, 148A(b), 148A(d), Art. 226]

Sundaram Multi Pap Ltd v. ACIT [2024] 164 taxmann.com 608 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Faceless assessment-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Invalid for lack of jurisdiction. [S.148, 148A(b), 148A(d), Art. 226]

Pravina Jagdish Patel v. ITO [2024] 164 taxmann.com 659 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Writ petition-Alternative remedy-Where appeal and revision proceedings were already pending against a reassessment order, writ petition challenging the said order on the ground of invalid sanction under section 151 was not to be entertained as the assessee had already availed of statutory remedies. [S 144, 144B, 147, 264, Art. 226]

Satish Hassanand Bachani v. PCCIT [2024] 168 taxmann.com 419 (Bom.) (HC)

S. 151 : Reassessment-Sanction for issue of notice-Writ petition-Alternate remedy-Where an assessee has already filed an appeal and a revision application against an assessment order, a writ petition challenging the same order on grounds of improper sanction is not maintainable. [S. 147, 264, Art. 226]

Dennischarles John Das v. ITO [2024] 168 taxmann.com 123 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice –Reopening after three years-Sanction from authority specified under Section 151(i) instead of Section 151(ii) is invalid. [S. 148, 148A(b), 148A(d),151(1), 151(ii), Art. 226]

Gigantic Mercantile (P.) Ltd v. ACIT [2024] 165 taxmann.com 646 (Bom.)(HC)