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TMI Blog2024 (7) TMI 1379X X X X Extracts X X X X X X X X Extracts X X X X ..... cussed the issue at length and held that notice under Section 148 after introduction of Finance Act, 2021, cannot be issued by Jurisdictional Assessing Officer. Considering the fact that the impugned notice issued by the JAO was itself defective and without authority of law and the same was contrary to the provisions of Section 151A read with the Scheme dated 29 March, 2022 issued thereunder, the Petitioner having filed an Appeal ought not distract this Court s attention. Consistent with the view taken in Vikram Developers [ 2024 (5) TMI 1453 - BOMBAY HIGH COURT] and since there is no dispute that the JAO had no jurisdiction to issue the impugned notice, the Writ Petition is accordingly allowed and the impugned notice as well as the reasses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued for reassessment under Section 148 of the Act, the Respondent-Revenue would need to be compliant with Section 151A, which has been interpreted and analysed in detail by a Division Bench of this Court in the case of Hexaware Technologies Limited Vs. Assistant Commissioner of Income Tax 4 Ors. (2024) 464 ITR 430 ( Hexaware ). The Division Bench has clearly declared the law as follows : 35 Further, in our view, there is no question of concurrent jurisdiction of the JAO and the FAO for issuance of notice under Section 148 of the Act or even for passing assessment or reassessment order. When specific jurisdiction has been assigned to either the JAO or the FAO in the Scheme dated 29th March, 2022, then it is to the exclusion of the other. To ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extent provided in Section 144B of the Act and Section 144B of the Act does not refer to issuance of notice under Section 148 of the Act and hence, the notice cannot be issued by the FAO as per the said Scheme, we express our view as follows:- Section 151A of the Act itself contemplates formulation of Scheme for both assessment, reassessment or recomputation under Section 147 as well as for issuance of notice under Section 148 of the Act. Therefore, the Scheme framed by the CBDT, which covers both the aforesaid aspect of the provisions of Section 151A of the Act cannot be said to be applicable only for one aspect, i.e., proceedings post the issue of notice under Section 148 of the Act being assessment, reassessment or recomputation under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the Income Tax Authority proposes to take action against an assessee without following the due process of law, the said action itself results in a prejudice to assessee. Therefore, there is no question of petitioner having to prove further prejudice before arguing the invalidity of the notice. [Emphasis Supplied] 5. Therefore, it is apparent that the Respondent-Revenue is not in compliance with the Scheme dated 29 March, 2022, notified by the Central Government pursuant to Section 151A (2) of the Act. The Scheme has also been tabled in Parliament and is in the character of subordinate legislation, which governs the conduct of proceedings under Section 148A as well as Section 148 of the Act. In view of the explicit declaration of the law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ram Developers ) dated 10 May, 2024, where the Division Bench of this Court that rendered judgement in Hexaware had also ruled that any reassessment order passed pursuant to the foundationally-defective notice under Section 148 would also stand quashed. So also, the Division Bench ruled in Vikram Developers that any consequential demand notices or penalty notices will also stand quashed and set aside. 9. In our opinion, considering the fact that the impugned notice issued by the JAO was itself defective and without authority of law and the same was contrary to the provisions of Section 151A read with the Scheme dated 29 March, 2022 issued thereunder, the Petitioner having filed an Appeal ought not distract this Court s attention. Consistent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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