MANOJ SHANKARLAL PALLOD vs. THE PRINCIPAL COMMISSIONER INCOME TAX NASHIK AND OTHERS

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WP/12665/2024HC BombayHCBM03044080202428 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, Aurangabad Bench, 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 reiterated its consistent view, relying on its own previous decision in Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax Circle 15(1)(2) (2024) 162 taxmann.com 225 (Bombay), which held that only a Faceless Assessing Officer (FAO) can issue such notices post-March 29, 2022. Consequently, the impugned notice issued by the JAO was set aside. The Court granted liberty 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 operative direction was to set aside the impugned notice and all consequential proceedings, with a provision for revival of the petition by the Revenue.

What were the facts?

The petitioner, Manoj Shankarlal Pallod, 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, was considering this petition. The core of the dispute revolved around the authority competent to issue such notices after the promulgation of the faceless reassessment scheme on March 29, 2022. The petitioner argued that only a Faceless Assessing Officer (FAO) could issue such notices, not the JAO. The Revenue, however, contended that both JAO and FAO have concurrent jurisdiction, 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 promulgation of the faceless reassessment scheme on March 29, 2022? (Question of law, turning on Section 148 of the Income Tax Act, 1961). Assessee's Contentions: The petitioner argued that following the faceless reassessment scheme, only a Faceless Assessing Officer (FAO) has the authority to issue notices under Section 148, and the JAO lacks such jurisdiction. The petitioner relied on the Bombay High Court's decision in Hexaware Technologies Ltd. Vs. Assistant Commissioner of Income-tax Circle 15(1)(2) (2024) 162 taxmann.com 225 (Bombay). Revenue's Contentions: The respondents (Revenue) contended that both the JAO and the FAO possess concurrent jurisdiction to issue notices under Section 148. The Revenue 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 dated October 28, 2024.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

WP 12665/24
WP (C) 1968/2023

Read from the judgment's own cause title. This page is filed under one of them.

Cause title — parties, addresses and appearances
WP 12665/24 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 922 WRIT PETITION NO. 12665 OF 2024 MANOJ SHANKARLAL PALLOD VERSUS THE PRINCIPAL COMMISSIONER INCOME TAX NASHIK AND OTHERS ... Advocate for the Petitioner : Mr. Chandak Raviraj R. Advocate for Respondents 1 to 3 : Mr. Alok Sharma ... CORAM : ARUN R. PEDNEKER AND VAISHALI PATIL-JADHAV, JJ. Dated : January 28, 2026 PER COURT :- 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 similar order. 2026:BHC-AUG:3904-DB WP 12665/24 2 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 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 12665/24 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.

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. ) ssc/

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