Perur Builders Private Limited Vs ITO (Madras High Court)
Madras High Court Quashes Reassessment Notice Because Proceedings Were Not Under Faceless Assessment Scheme; Reassessment by Jurisdictional Assessing Officer Invalid Due to Mandatory Faceless Assessment Procedure; Income Tax Reassessment Notice Set Aside Because Faceless Assessment Scheme Was Not Followed; Faceless Assessment Scheme Held Mandatory for Reassessment Proceedings by Madras High Court; Reassessment Proceedings Quashed Since Division Bench Already Settled Faceless Assessment Issue; Madras High Court Allows Appeal Because Reassessment Was Not Conducted Through Faceless Mechanism.
The Madras High Court considered an appeal concerning whether reassessment proceedings could be conducted by the Jurisdictional Assessing Officer or only under the Faceless Assessment Scheme. The appellant relied on the Division Bench judgment in TVS Credit Services Ltd v. Deputy Commissioner of Income Tax and others, where conflicting views of Single Judges had been resolved. The Division Bench had held that reassessment proceedings must be carried out only in the manner prescribed under the Faceless Assessment Scheme. Applying the said decision, the Court allowed the appeal, set aside the order passed by the learned Single Judge, allowed the writ petition and quashed the reassessment notice. The Court passed no order as to costs and directed closure of the interim applications.
