An order under section 148A(d) was passed in case of assessee and a further notice was issued under section 148 for reassessment. On writ the Court held that notice under section 148 were all issued by Jurisdictional Assessing Officer (JAO) and not by a Faceless Assessing Officer (FAO), as was required by provisions of section 151A. For a notice to be validly issued for reassessment under section 148, revenue would need to be compliant with section 151A. Since revenue had not complied with Scheme notified by Central Government pursuant to section 151A(2), order under section 148A(d) and further notice issued under section 148 by JAO and not by FAO were vitiated. (AY. 2013-14)
Seth Iron & Steel (P.) Ltd. v. ACIT (2024) 301 Taxman 414 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued by Jurisdictional Assessing Officer and not by Faceless Assessing Officer-Notice and consequential orders are quashed. [S. 148, 148A(b), 148A(d),151A(2), Art, 226]