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Non-Faceless 148 Notice Rule of Law Prevails: JAO-Issued U/s 148 Notice Post-Scheme Declared Void

Case Law Details

Case Name
Sundarraj Sujatha Vs ITO (ITAT Chennai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
Advertisement Sundarraj Sujatha Vs ITO (ITAT Chennai) Assessee challenged reopening for AY 2015-16 solely on the legal ground that notice u/s 148 dated 08.04.2022 was issued by JAO even though CBDT had already notified the Faceless Reassessment Scheme on 29.03.2022 pursuant to Sec.151A mandating that notices u/s 148A(b), 148A(d) & 148 must be issued only through automated faceless allocation. Tribunal found that the impugned notice was issued physically by JAO, not by NFAC, & therefore contravened the statutory scheme & violated Rule of Law. Tribunal noted that jurisdictional Ma...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,926

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