RAKESH KUMAR SHRIVASTAVA,DARJEELLING vs. D.C.I.T., CIRCLE - 1,, SILIGURI
What did the Tribunal hold?
The Tribunal held that the assessment framed by the NFAC was without jurisdiction as it was done before the relevant section conferring jurisdiction was notified. Therefore, the assessment was considered null and void.
What were the facts?
The assessee filed a return of income, and the case was reopened under Section 147. The assessment was framed by the National Faceless Appeal Centre (NFAC) prior to the notification conferring jurisdiction on NFAC for such assessments.
What were the issues?
Whether the assessment framed by the NFAC was valid when it was done before the notification conferring jurisdiction on NFAC was issued.
Which sections of the Income-tax Act were involved?
Section 147,Section 144B,Section 151A,Section 148,Section 143(2),Section 142(1),Section 139(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, KOLKATA
Per Rajesh Kumar, AM:
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 10.07.2025 for the AY 2017-18.
During the course of hearing, the ld. Counsel for the assessee pressed ground no.2, is against the assessment framed by NFAC, u/s 147 read with section 144B of the Act vide order dated 26.09.2021 without having jurisdiction u/s 151A of the Act, as the applicability of the section was notified vide notification dated 29.03.2022.
After hearing the rival contentions and perusing the materials available on record, we find that the assessment has been framed by the NFAC, Delhi even prior to the notification issued on 29.03.2022 conferring jurisdiction on NFAC ,which in our opinion, is without jurisdiction as the Provisions of Section 151A of the Act which provides for faceless assessment were notified from 29.03.2022 vide notification no. 18/2022/F. No. 370142/16/2022-TPL(Part) though the same were brought on statute book by the Taxation and Other Law (realization and amendment of certain provisions) Act, 2020 with effect from 01.11.2020. Considering these facts, the assessment framed by the National Faceless Appeal Centre is null and void as the same is without jurisdiction and cannot be sustained. The case of the assessee find support from the decision of the co-ordinate Bench in case MD Mahimud SK Vs ITO ITA No. 2230 & 2229/Kol/2024 order
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on 29.06.2026.
Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Kolkata, Dated: 29.06.2026 Sudip Sarkar, Sr.PS
Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, 4. 5. Guard file. BY ORDER, True Copy//
Asst. Registrar Income Tax Appellate Tribunal, Kolkata
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Latest GST High Court judgments
Search GST case law →- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Laxman Singh Yadav vs. Bank Of BarodaMadhya Pradesh · 26 Oct 2026
- Surendra Singh Rathore vs. Idfc First Bank Through Branch ManagerMadhya Pradesh · 26 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026