VINOD PREMCHAND SURANA vs. THE CHIEF COMMISSIONER OF INCOME TAX AND ANOTHER
What did the High Court hold?
The Tribunal 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 March 29, 2022, following the faceless reassessment scheme. This decision is based on the consistent view of the Bombay High Court in the case of Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax Circle 15(1)(2). The Court acknowledged the contrary view from the Delhi High Court in T.K.S. Builders Pvt. Ltd. but prioritized its own precedent. Consequently, the impugned notice issued 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 Supreme Court. If revived, the petition would be decided on its merits, considering other issues raised.
What were the facts?
The petitioner, Vinod Premchand Surana, filed a writ petition challenging a notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer (JAO). The Bombay High Court, Aurangabad Bench, has consistently followed its earlier decision in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax Circle 15(1)(2), which held that after the promulgation of the faceless reassessment scheme on March 29, 2022, only a Faceless Assessing Officer (FAO) has the jurisdiction to issue such notices, not the JAO. The Revenue, however, cited a Delhi High Court decision in T.K.S. Builders Pvt. Ltd. and others, which held that both JAO and FAO have concurrent jurisdiction. The Bombay High Court noted that its consistent view, based on Hexaware Technologies Ltd., is that the JAO lacks jurisdiction 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 promulgation of the faceless reassessment scheme on March 29, 2022? (Question of law) 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). 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.
Which sections of the Income-tax Act were involved?
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pass 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 WP 11984/24 3 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.
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. ) ssc/
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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