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

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]

 

The High Court held that for a notice for reassessment under Section 148 to be validly issued, the Revenue must comply with the faceless assessment scheme notified pursuant to Section 151A. The Court clarified that this scheme grants exclusive jurisdiction to the Faceless Assessing Officer (FAO) to issue such notices through an automated allocation process, and there is no concurrent jurisdiction vested in the Jurisdictional Assessing Officer (JAO). In the instant case, since the notice under Section 148 and the underlying order under Section 148A(d) were issued by the JAO, the proceedings were initiated without proper jurisdiction. The High Court, therefore, quashed the impugned notice and order. (AY. 2014-15)

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