BILWA INFRASTRUCTURE LIMITED,HYDERABAD vs. ITO., WARD-1(1), HYDERABAD
Facts
The assessee company filed an appeal against the order of the CIT(A), which arose from an assessment order passed by the Assessing Officer under section 147 r.w.s 144B of the Income Tax Act, 1961. The assessment was initiated based on information that the assessee had carried out financial transactions but had not filed a return of income for AY 2019-20.
Held
The Tribunal held that the notice under section 148 and the subsequent assessment order were issued by the Jurisdictional Assessing Officer (JAO) instead of the Faceless Assessing Officer (FAO), which is contrary to the provisions of the 'Faceless Jurisdiction of the Income Tax Authorities Scheme, 2022' and the 'e-Assessment Scheme of Income Escaping Assessment Scheme, 2022'.
Key Issues
The primary issue was the validity of the assessment proceedings initiated by the Jurisdictional Assessing Officer (JAO) outside the faceless mechanism, which is contrary to the established schemes and judicial pronouncements.
Sections Cited
147, 148, 148A, 144B, 151A, 139
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Income Tax Appellate Tribunal, Hyderabad ‘A’ Bench, Hyderabad
आदेशक���त�ल�पअ�े�षत/ Copy of the order forwarded to:- 1. �नधा�रती/The : Bilwa Infrastructure Limited C/o. P. Murali and Co., Chartered Accountants, 6-3-655/2/3, Somajiguda, Assessee Hyderabad, Telangana-500082. 2. राज�व/ The Revenue : Income Tax Officer, Ward-1(1), Hyderabad. 3. The Principal Commissioner of Income Tax, Hyderabad. 4. �वभागीय��त�न�ध, आयकरअपील�यअ�धकरण /DR,ITAT, Hyderabad. 5. The Commissioner of Income Tax 6. गाड�फ़ाईल / Guard file
आदेशानुसार / BY ORDER
Sr. Private Secretary ITAT, Hyderabad.