THE ADVOCATES ASSOCIATION OF BOMBAY HIGH COURT BENCH AT AURANGABAD vs. THE PRINCIPAL SECRETARY INCOME TAX AND OTHERS

1 wp9863.2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9863 OF 2024 THE ADVOCATES ASSOCIATION OF BOMBAY HIGH COURT BENCH AT AURANGABAD VERSUS THE PRINCIPAL SECRETARY INCOME TAX AND OTHERS … Advocate for the Petitioner : Mr. Raviraj R. Chandak Advocate for Respondents / Income Tax Department : Mr. Alok Sharma ... CORAM : ARUN R. PEDNEKER & VAISHALI PATIL-JADHAV, JJ. DATE : 22.01.2026 PER COURT: 1. Heard. 2. 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). 3. 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 2026:BHC-AUG:3632-DB

2 wp9863.2024 Technologies Ltd. (supra), this court has allowed writ petitions in large number. Accordingly, we also propose to pass the similar order. 4. 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, 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 of the Income Tax Act. 5. 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. 6. We accordingly set aside the impugned notice issued under section 148 of the Income Tax Act and all other proceedings / orders emanating therefrom.

3 wp9863.2024 7. We, however, grant liberty to the Revenue to revive the 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 the 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 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. 8. 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 of the Income Tax Act. 9. The Writ Petition stands disposed of in the above terms. [VAISHALI PATIL-JADHAV, J.]

[ARUN R. PEDNEKER, J.] marathe