KISHOR ARVIND PURI vs. INCOME TAX OFFICER LATUR AND OTHERS
What did the High Court hold?
The High Court set aside the impugned notice issued under section 148 of the Income Tax Act and all consequential proceedings. The Court followed its consistent view, based on the judgment in Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax Circle 15(1)(2), holding that only the Faceless Assessing Officer (FAO) has the jurisdiction to issue notices under section 148 after March 29, 2022, and not the Jurisdictional Assessing Officer (JAO). The Court acknowledged the Revenue's reliance on the Delhi High Court's decision but prioritized its own precedent. Liberty was granted to the Revenue to revive the writ petition if the decision in Hexaware Technologies Ltd. is set aside by the Supreme Court. The Court clarified that revival could be sought via a praecipe, and if revived, the petition would be decided on its merits, considering other issues raised. If the Supreme Court dismisses the SLP against Hexaware, there would be no revival.
What were the facts?
The petitioner, Kishor Arvind Puri, challenged a notice issued under section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer (JAO). The petition was filed before the High Court at Bombay, Bench at Aurangabad. The challenge was based on the contention that the JAO lacked jurisdiction to issue such a notice after the promulgation of the faceless reassessment scheme on March 29, 2022. The Revenue, represented by the Income Tax Officer, Latur, argued for concurrent jurisdiction of both the JAO and the Faceless Assessing Officer (FAO) to issue such notices, citing a Delhi High Court decision.
What were the issues?
1. Whether the Jurisdictional Assessing Officer (JAO) has the jurisdiction to issue a notice under section 148 of the Income Tax Act, 1961, after the faceless reassessment scheme was promulgated on March 29, 2022? (Question of law, concerning Section 148 of the Income Tax Act, 1961). Assessee's contention: The JAO has no jurisdiction to issue a notice under section 148 after March 29, 2022, relying on the Bombay High Court's decision in Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax Circle 15(1)(2) (2024). Revenue's contention: Both the JAO and the Faceless Assessing Officer (FAO) have concurrent jurisdiction to issue notices under section 148, citing the Delhi High Court's decision in T.K.S. Builders Pvt. Ltd., GDR Finance and Leasing Private Limited Vs. Income Tax Officer (dated 28.10.2024).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
the following order.
We accordingly set aside the impugned notice issued under section 148 of the Income Tax Act and all other proceedings/orders emanating therefrom.
We however grant liberty to the Revenue to revive this writ petition in the event the decision in Hexaware Technologies Ltd (Supra) is set aside by the Hon’ble Supreme Court on this issue. We make it clear that it will not be necessary for the Revenue to file a separate Interim application to seek a revival of this petition and the same can be done simply by moving a praecipe before this Court. In the event the above petition stands revived, there will be a stay to the implementation and operation of the impugned 947 WP 5185-2025 notice issued under section 148 until further orders. It is needless to clarify that if the Hon’ble Supreme Court dismisses the SLP challenging the decision in Hexaware Technologies Ltd (supra), there would be no question of any revival.
We also make it clear that once the petition is revived and restored, the same would have to be decided on its own merits, considering that several other issues are also raised challenging the notice issued under section 148. 8. Writ petition is disposed of in the above terms. ( VAISHALI PATIL-JADHAV, J. ) ( ARUN R. PEDNEKER, J. ) vj gawade/-.
More judgments on Section 148
- 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
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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