KASHYAP CONSTRUCTIONS & DEVELOPERS,PATNA vs. ACIT, CIR-4, PATNA, PATNA
Facts
The assessee, a real estate firm, did not file an ITR for AY 2015-16 due to partner disputes, leading the AO to complete an assessment u/s 144 with a substantial addition after issuing notices u/s 148 and 142(1). The CIT(A) dismissed the assessee's appeal, which was filed with a delay. The assessee subsequently challenged the jurisdiction of the National Faceless Assessment Centre (NFAC) to pass the assessment order dated 27.03.2022.
Held
The Tribunal held that the National Faceless Assessment Centre (NFAC) lacked jurisdiction to issue notice u/s 142(1) prior to 30.03.2022, when the faceless enquiry scheme u/s 142B was notified. It also found that NFAC had no jurisdiction to make assessment u/s 147 or issue notice u/s 142(1) prior to 29.03.2022, as the e-assessment of income escaping assessment scheme u/s 151A was notified only on that date. Since the assessment order was passed before these effective dates, it was without jurisdiction.
Key Issues
Whether the assessment order passed by the National Faceless Assessment Centre (NFAC) was without jurisdiction as the statutory provisions and schemes enabling it to act came into effect after the date of the assessment order and notice issuance.
Sections Cited
147, 144, 144B, 151A, 148, 142(1), 142B
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PATNA BENCH, PATNA
Before: SHRI RAJESH KUMAR, AM & SHRI PRADIP KUMAR CHOUBEY, JM
Per Rajesh Kumar, AM:
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 21.11.2024 for the AY 2015-16.
The issue raised in ground no.1 is as under:-
“1. That the order passed u/s 147 r.ws. 144 r.w.s. 144B of the II Act, 1961 on 27.03.2022 by National Faceless Assessment Centre is without jurisdiction in as much as the impugned provision of section 151A investing jurisdiction to the National Faceless Assessment Centre came with effect from 29.03.2022 vide Notification No. 18/2022/F.No. 370142/16/2022-TP1. only.” 03. The facts in brief are that the assessee is a partnership firm engaged in the business of real estate development and renting of immovable properties. During the year the firm had undertaken the construction
Thereafter the assessee filed the appeal before the ld. CIT (A) with a delay of 4 and half months for which a condonation petition with supporting affidavit of the partner was filed. However, the ld. CIT (A) dismissed the appeal. Now, the assessee has raised legal issue before us that order passed u/s 147 read with section 144B of the Act dated 27.03.2022, by National Faceless Assessment Centre, is without jurisdiction as provisions of Section 151A of the Act as the the e- assessment of Income escaping assessment scheme, 2022 was notified on 29.03.2022 vide notification No.18/2022/F.No.370142/16/2022-TPL for assessment.
The ld. CIT DR also filed a detailed submissions dated 04.03.2025, controverting the augments taken by the ld. Counsel for the assessee, however, we find that the arguments and submissions made by the ld. DR is devoid of any merit.
The case of the assessee find support from the decision of the co- ordinate bench in the case of Nabiul Industrial Metal Pvt. Ltd. Vs. ITO in ITA no. 1328/KOL/2024, wherein the co-ordinate Bench vide Para 2.1 to 2.3, allowed the appeal of the assessee by holding that the assumption of jurisdiction by the NFAC is invalid as there is no power with NFAC to issue notice u/s 142(1) of the Act prior to 29.03.2022 because the scheme of faceless enquiry u/s 142B of the Act for issuance of notice u/s 142(1) of the Act by NFAC was notified on 30.03.2022 vide Notification no. 19/2022 though it was inserted on the statute book w.e.f. 1.11.2020 for faceless enquiry and valuation. Further u/s 151A of the Act, e-assessment of income escaping assessment scheme, 2022 was duly notified on 29.03.2022 vide notification no. 18/2022/F.No/370142/16/2022-TPL for assessment, reassessment or recomputation under section 147 of the Act through automated allocation, in accordance with risk management strategy formulated by the Board as referred to in Section 148 of the Act for issuance of notice and in a faceless manner to the extent provided in Section 144B of the Act. Therefore prior to 29.3.2022, the NFeAC has no jurisdiction to make assessment u/a 147 of the Act or to issue notice 142(1) of the Act vide notification no. 18/2022, dated
The other grounds raised on merits are not being adjudicated and are left open to be decided at later stage if need arises for the same.
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 02.04.2025.
Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Kolkata, Dated: 02.04.2025 Sudip Sarkar, Sr.PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, 4. 5. Guard file. BY ORDER, True Copy//
Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Patna
