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Faceless Regime Not Exclusive: Delhi HC Confirms JAO’s Power to Issue 148 Notices

Case Law Details

TaxGuru Citation
2025 taxguru.in 11620
Case Name
Inder Dev Gupta Vs ACIT (Delhi High Court)
Date of Judgement/Order
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Inder Dev Gupta Vs ACIT (Delhi High Court)

Delhi HC Order on Validity of Reassessment Notices under Section 148: Whether Jurisdiction Lies with JAO or FAO

Brief Facts:

1. Background of Dispute

The petitioners challenged reassessment notices issued under Section 148 of the Income-tax Act, 1961, on the ground that such notices were issued by the Jurisdictional Assessing Officer (JAO), whereas post-notification of the faceless assessment framework, only the Faceless Assessing Officer (FAO) under the National Faceless Assessment Centre (NFAC) was competent to issue such notices.

This challenge relied upon the mandate introduced through:

  • Section 151A (inserted vide Finance Act, 2022), and

  • The E-Assessment of Income Escaping Assessment Scheme, 2022, notified under S.O. 1466(E) dated 29.03.2022.

2. Petitioners’ Submissions

The petitioners contended that reassessment proceedings post-2022 must be conducted exclusively in a faceless manner, and thus the jurisdiction of the physical JAO stands extinguished.

To substantiate, reliance was placed upon a series of High Court decisions holding that JAO-issued notices are void:

Bombay High Court

Telangana High Court

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Author Info

CA Jatin Minocha
Qualification: CA in Practice
Location: Delhi, Delhi
Articles Published: 637

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