SIDDHARTH RAMKISHAN DHOOT vs. THE CHIEF COMMISSIONER OF INCOME TAX AND ANOTHER

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WP/11538/2024HC BombayHCBM03040399202429 January 2026Author: HON'BLE SHRI JUSTICE ARUN R. PEDNEKER,HON'BLE JUSTICE VAISHALI PATIL-JADHAV3 pages
AI SummaryRemanded

What did the High Court hold?

The Bombay High Court, following its own consistent view in the case of Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax, held that 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 only the Faceless Assessing Officer (FAO) is empowered to issue such notices. Consequently, the impugned notice issued by the JAO was set aside, along with all consequential proceedings and orders. The Court granted liberty to the Revenue to revive the writ petition if the decision in Hexaware Technologies Ltd. is set aside by the Supreme Court. The petition was disposed of in these terms.

What were the facts?

The petitioner, Siddharth Ramkishan Dhoot, filed a writ petition challenging a notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer (JAO). The petitioner argued that after the promulgation of the faceless reassessment scheme on March 29, 2022, the JAO lacks the jurisdiction to issue such notices. The respondent revenue department, however, relied on a Delhi High Court decision suggesting concurrent jurisdiction for both JAO and the Faceless Assessing Officer (FAO). The Bombay High Court had previously ruled in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax that only the FAO has the authority to issue Section 148 notices post March 29, 2022.

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 implementation of the faceless reassessment scheme on March 29, 2022? (Question of law) Assessee's Contentions: The petitioner argued that the JAO has no jurisdiction to issue the notice under Section 148 post March 29, 2022, relying on the Bombay High Court's decision in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax. Revenue's Contentions: The respondent revenue department contended that 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.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 920 WRIT PETITION NO.11538 OF 2024 Siddharth Ramkishan Dhoot VERSUS The Chief Commissioner Of Income Tax And Another ….. Shri. Raviraj R. Chandak, Advocate for the Petitioner Smt. Kalpalata Patil Bharaswadkar, Advocate for Respondent No.1 ….. CORAM : ARUN R. PEDNEKER AND VAISHALI PATIL-JADHAV, JJ. Dated : JANUARY 29, 2026

FINAL ORDER :-

1.

By this petition, the petitioner challenges the impugned notice under Section 148 of the Income Tax Act, 1961 issued by the Jurisdictional Assessing Officer (JAO).

2.

This Court has consistently relied upon the decision of the Division Bench of this Court in the case of Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax Circle 15(1)(2)(2024) 162 taxmann.com 225 (Bombay) and has held that the Jurisdictional Assessing Officer (JAO) has no jurisdiction to issue notice under Section 148 of the Income Tax Act, 1961 after the faceless reassessment scheme being promulgated on 29th March 2022 and relying upon the judgment of Hexaware Technologies Ltd. (supra), this court has allowed writ petitions in large number. Accordingly, we also propose to pass the 2026:BHC-AUG:4001-DB

2 similar order.

3.

The learned counsel appearing for respondents/Income Tax Department has relied upon the decision of Delhi High Court in the case of T.K.S. Builders Pvt. Ltd., GDR Finance and Leasing Private Limited Vs. Income Tax Officer dated 28.10.2024 in WP (C) 1968/2023 and other connected matters and submits that the Delhi High Court has held that JAO as well as Faceless Assessing Officer (FAO) both would have concurrent jurisdiction to issue notice under Section 148. 4. However, considering that this Court by relying upon the judgment of this Court in the case of Hexaware Technologies Ltd. (supra) has consistently held that notice under Section 148 of Income Tax Act could only be issued by FAO and not by JAO after 29.3.2022, we proceed to pass the following order.

5.

We accordingly set aside the impugned notice issued under Section 148 of the Income Tax Act and all other proceedings/orders emanating therefrom.

6.

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

3 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 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.

7.

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.) GGP

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