PC Jeweller Limited Vs ACIT (Delhi High Court)
The Delhi High Court dismissed a writ petition challenging reassessment proceedings for AY 2018–19, including notices issued under Sections 148A(b) and 148 and the order under Section 148A(d) of the Income-tax Act, 1961. The petitioner argued that the Jurisdictional Assessing Officer lacked authority to initiate reassessment after a CBDT notification dated 29.03.2022 mandating faceless reassessment proceedings. The Court held that this contention was squarely covered against the petitioner by an earlier decision of the same Court in K.S. Builders Pvt. Ltd. v. Income Tax Officer, which upheld the validity of such proceedings. Consequently, the petition was dismissed. The Court clarified that all rights and contentions of the parties on other issues were expressly reserved, permitting the petitioner to raise them before the concerned income-tax authorities in accordance with law.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. The petitioner has filed the present petition, inter alia, praying as under:
“Issue writ in the nature of mandamus/certiorari or any other appropriate writ, order or direction for quashing of:
a. the notice dated 09.08.2024 issued by Respondent No.1 under section 148A(b) of the Act;
b. the order dated 29.08.2024 passed by Respondent No.1 under Section 148A(d) of the Act; and
c. the notice dated 29.08.2024 issued under section 148 of the Act, for assessment year 2018-19, and all proceedings/actions consequent thereto for assessment year 2018-19”
2. The petitioner has premised its challenge to the impugned notices issued under Section 148A(b) of the Income Tax Act, 1961 (hereafter the Act) and Section 148 of the Act on the ground that the Jurisdictional Assessing Officer (JAO) did not have the jurisdiction to initiate the proceedings under Section 148A and 148 of the Act after issuance of the Notification dated 29.03.2022 by the Central Board of Direct Taxes (CBDT) requiring reassessment proceedings to be conducted in a faceless manner.
