Tilak Ventures Ltd. Vs Union of India & Ors (Bombay High Court)
In the case of Tilak Ventures Ltd. Vs The Union of India & Ors, the Bombay High Court ruled that a reassessment notice issued to the petitioner under Section 148 of the Income Tax Act, 1961 was invalid. The notice, issued by a Jurisdictional Assessing Officer (JAO), violated the faceless assessment scheme mandated under Section 151A of the Act, which requires such notices to be issued by a Faceless Assessing Officer (FAO). The court referenced its earlier decision in Hexaware Technologies Ltd. Vs ACIT, stating that the faceless scheme introduced by a Central Government notification on 29 March 2022 must be followed strictly, and there is no concurrent jurisdiction between the JAO and FAO for issuing such notices. The court rejected the Revenue’s argument that the faceless scheme did not apply to the issuance of notices under Section 148. Consequently, the court allowed the petition, invalidating the notice due to the procedural non-compliance with Section 151A, while leaving other issues in the writ petition unresolved.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. Rule. Rule made returnable forthwith. Learned Counsel for the Respondents waives service. By consent of the parties, heard finally.
