Allowing the petition, the Court held that the Assessing Officer based in Kolkata issued notice under section 148 (preceded by a notice under section 148A(b)) and passed a reassessment order under section 147 read with section 144B. Assessee contended that notice under section 148 was invalid as it was issued by a Jurisdictional Assessing Officer instead of a Faceless Assessing Officer, and that this defect vitiated reassessment. Following the judgment in Hexaware Technologies Ltd. v. Asstt. CIT [2024] 162 taxmann.com 225/464 ITR 430 (Bom.)(HC), notice under section 148 and consequential proceedings were quashed and set aside. (AY. 2019-20)
Vincent Commercial Company Ltd. v. ITO (2025) 307 Taxman 320 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued at old address-Notice was issued by jurisdictional assessing Officer and not Faceless Assessing Officer-Notice and order quashed and set aside. [S. 144B, 147, 148, 148A(b), 148A(d), Art. 226]
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