The assessee LLP running professional services / consultancy / advisory in field of chartered accountancy, filed the return of income u/s 139. For the relevant year, the JAO issued notice u/s 148 in physical mode. The JAO also provided the satisfaction note to the assessee, followed by notice u/s 142(1) issued by the Verification Unit of the Faceless Assessment Centre. The assessee challenged the reopening notice u/s 148 on the ground that the said notice had been issued in violation of section 151A which provides for Faceless Assessment of Income, as has been inserted by the TOLA, 2020 w.e.f. 01-11-2022. Court held that the notification dtd. 29-03-2022 along with the statutory provisions, it does not cover a case where notice u/s 148 issued by the JAO on the strength of the information received in the matter of search and seizure u/s 132 or requisitioned u/s 132A. Hence, the petitions of the assessee unsustainable.(AY. 2021-22)
Talati and Talati LLP v. ACIT (2024) 301 Taxman 321 / 469 ITR 643(Guj)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless assessment-Search and seizure-Notice for reopening u/s 148 issued by the Jurisdictional Assessing Officer (JAO)-Scheme of Faceless Assessment framed vide Notification dt. 29–03–2022-Not applied to cases of search and seizure u/s 132-Challenge of notice u/s 148 on the ground that it could have been issued only through automated allocation in faceless manner and not by JAO-Writ petition is dismissed.[S. 132, 148, 148A(b), 148A(d),151A, Art. 226]