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Reassessment u/s 148A by Jurisdictional AO beyond scope of Sec 151A quashed by Karnataka HC

Case Law Details

TaxGuru Citation
2025 taxguru.in 9150
Case Name
Mamballi Sundar Vijayendra Vs ITO (Karnataka High Court)
Date of Judgement/Order
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Mamballi Sundar Vijayendra Vs ITO (Karnataka High Court)

Reassessment u/s 148A by Jurisdictional AO beyond scope of Sec 151A quashed by Karnataka HC- Faceless Assessment Regime prevails—Local AO notice u/s 148A held invalid- HC follows its own 2025 precedent in WP 28182/2024

Facts & Prayer

Assessee challenged multiple proceedings initiated by ITO Ward-1(1)/2(4) Mysuru & NFAC, including—

  • Order u/s 148A(d) dated 17-03-2024,
  • Notice u/s 148 & its corrigendum,
  • Re-assessment order u/s 147 r.w.s 144/144B dated 30-01-2025, and
  • Penalty orders u/s 271F, 272A(1)(d) & 271AAC(1) for A.Y. 2017-18.

The grievance was that the jurisdictional AO issued the Sec 148A notice instead of the Faceless AO, violating the CBDT’s faceless regime u/s 151A, rendering the entire reassessment void.

Held

  • The Court noted that the issues raised were identical to those already decided in W.P. No. 28182/2024 & connected cases disposed of on 28-08-2025.
  • Following that precedent, it held that any notice or show-cause issued by the jurisdictional AO outside the framework of Sec 151A stands obliterated, and all consequential proceedings—including reassessment & penalty orders—are quashed.
  • However, the Revenue was granted liberty to revive proceedings if the Supreme Court later upholds the Department’s stand in the pending matter on this issue.
  • Show-cause notice & all proceedings u/s 148A, 148, 147 r.w.s 144/144B & penalty orders were quashed.
  • Liberty to Revenue to revive if Apex Court decides in its favour.
  • Other contentions kept open.
  • Writ petition allowed accordingly.

This judgment reinforces the Karnataka HC’s consistent stance that faceless reassessment jurisdiction u/s 151A overrides local AO action. Any reassessment initiated directly by the jurisdictional AO post-2021 is non est in law, unless the CBDT scheme is judicially upheld by the Supreme Court.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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