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May 2025

Reassessment — Faceless assessment — Notice — New procedure — Effect of provisions of s. 151A and notification dated 29th March, 2022 issued by Central Government — Notice issued by jurisdictional AO invalid:

By Keshav Bhujle | Ritu Punjabi, Advocates
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9. Everest Kanto Cylinder Ltd. vs. Dy./ Asst. CIT:

[2025] 473 ITR 148 (Bom.):

A. Y. 2017-18: Date of order 4th July, 2024:

Ss. 147, 148, 148A(b), 148A(d) and 151A of ITA 1961:

Reassessment — Faceless assessment — Notice — New procedure — Effect of provisions of s. 151A and notification dated 29th March, 2022 issued by Central Government — Notice issued by jurisdictional AO invalid:

On a writ petition challenging the initial notice issued by the jurisdictional Assessing Officer u/s. 148A(b) of the Income-tax Act, 1961, the order passed on such notice u/s. 148A(d) and the consequent notice issued u/s. 148 for the A. Y. 2017-18 for reopening the assessment u/s. 147 the Bombay High Court allowed the petition and held as under:

“The jurisdictional Assessing Officer did not have jurisdiction to issue the notice u/s. 148 to reopen the assessment u/s. 147 in view of the provisions of section 151A read with the notification dated 29th March, 2022 ([2022] 442 ITR (St.) 198) issued by the Central Government. The initial notice issued u/s. 148A(b) and the order u/s. 148A(d) were set aside. The consequent notice

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