VISHNU SHESHRAO MOHITE vs. INCOME TAX OFFICER LATUR AND OTHERS
What did the High Court hold?
The Court held that, in line with its consistent view based on the judgment in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax Circle 15(1)(2), the Jurisdictional Assessing Officer (JAO) does not have 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. The Court found that such notices can only be issued by a Faceless Assessing Officer (FAO). Consequently, the impugned notice under Section 148 and all consequential proceedings were set aside. However, liberty was granted to the Revenue to revive the writ petition if the decision in Hexaware Technologies Ltd. is set aside by the Hon'ble Supreme Court. The Court clarified that revival could be sought via a praecipe, and if revived, the notice would be stayed until further orders. If the Supreme Court dismisses the SLP against Hexaware, there would be no revival. The revived petition would be decided on its merits, considering other issues raised.
What were the facts?
The petitioner, Vishnu Sheshrao Mohite, challenged a notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer (JAO). The challenge was based on the promulgation of the faceless reassessment scheme on March 29, 2022. The Bombay High Court at Aurangabad Bench had consistently followed its prior decision in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax Circle 15(1)(2), holding that only a Faceless Assessing Officer (FAO) has jurisdiction to issue such notices post-March 29, 2022, not the JAO. The Revenue, however, cited a Delhi High Court decision suggesting concurrent jurisdiction for both JAO and FAO.
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 promulgation of the faceless reassessment scheme on March 29, 2022? (Question of law) Assessee's Contention: The petitioner argued that following the judgment in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax Circle 15(1)(2), the JAO lacks jurisdiction to issue Section 148 notices after March 29, 2022, as such notices can only be issued by a Faceless Assessing Officer (FAO). Revenue's Contention: The respondents relied on the Delhi High Court's decision in T.K.S. Builders Pvt. Ltd., GDR Finance and Leasing Private Limited vs. Income Tax Officer, which held that both the JAO and the FAO have concurrent jurisdiction to issue notices under Section 148.
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 948 WP 5187-2025 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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