SANJAY DEVENDRA PRASAD RAI vs. THE JOINT COMMISSIONER OF INCOME TAX AND ANOTHER
What did the High Court hold?
The High Court 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 stance, based on its own judgment in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax Circle 15(1)(2), that only a Faceless Assessing Officer (FAO) can issue such notices. The Court found the Revenue's reliance on the Delhi High Court's decision in T.K.S. Builders Pvt. Ltd. unpersuasive in light of its own binding precedent. Consequently, the impugned notice under Section 148 and all consequential proceedings and orders were set aside. 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.
What were the facts?
The petitioner, Sanjay Devendra Prasad Rai, challenged a notice issued under Section 148 of the Income Tax Act, 1961, by the Jurisdictional Assessing Officer (JAO). The Bombay High Court, Bench at Aurangabad, was considering this writ petition. The court noted its consistent reliance on its own prior decision in Hexaware Technologies Ltd. vs. Assistant Commissioner of Income-tax Circle 15(1)(2), which held that the JAO lacked jurisdiction to issue Section 148 notices after the promulgation of the faceless reassessment scheme on March 29, 2022. The Revenue, however, cited a Delhi High Court decision in T.K.S. Builders Pvt. Ltd. and others, suggesting concurrent jurisdiction for both JAO and Faceless Assessing Officers (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, turning on the interpretation of the Income Tax Act, 1961 and related schemes). Assessee's Contention: The JAO has no jurisdiction to issue a Section 148 notice post-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 Section 148 notices, 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. sga/
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2025WP
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 revival of this petition, and the same can be done by simply 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 Special Leave Petition 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. The Writ petition is disposed of in the above terms. [VAISHALI PATIL-JADHAV, J.] [ARUN R. PEDNEKER, J.] sga/
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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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