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TMI BlogFaceless Assessment: Ensuring Compliance with Statutory ProvisionsX X X X Extracts X X X X X X X X Extracts X X X X ..... he Act). Arguments Presented The petitioner, a limited partnership incorporated under the laws of the United States of America, challenged the validity of the notices issued u/ss 148A and 148 of the Act by the JAO, contending that the notices were issued in violation of Section 151A of the Act and the notification dated March 29, 2022, issued by the Central Government, which mandated the faceless assessment mechanism. The petitioner argued that the JAO lacked jurisdiction to issue the impugned notices, particularly in light of the clear provisions of Section 151A read with the notification dated March 29, 2022. Additionally, the petitioner contended that the impugned notices were issued without following the lawful procedure, as the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , issued u/ss 148A(b) and 148 of the Act, respectively. The court also quashed the draft assessment order dated March 13, 2024, u/s 144C(1), the assessment order dated April 18, 2024, u/s 147 read with Section 144 , the demand notice dated April 18, 2024, u/s 156 , and the penalty notices dated April 18, 2024, and April 19, 2024, u/ss 274 read with 270A and 272A(1)(d), respectively. The court held that the JAO would not have jurisdiction to issue the impugned notices, particularly in view of the clear provisions of Section 151A read with the notification dated March 29, 2022, issued by the Central Government. The court relied on the decision in Hexaware Technologies Limited and concurred with the petitioner's contention that the challen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the notification dated March 29, 2022, issued by the Central Government. The court relied heavily on the decision of the Bombay High Court in HEXAWARE TECHNOLOGIES LIMITED VERSUS ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 15 (1) (2) , MUMBAI, PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAI 6, PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, MUMBAI, CENTRAL BOARD OF DIRECT TAXES, UNION OF INDIA. - 2024 (5) TMI 302 - BOMBAY HIGH COURT , which had clarified the applicability of the faceless assessment mechanism u/s 151A read with Section 144B of the Act. The court rejected the respondents' contention that the order dated March 31, 2021, issued by the CBDT u/s 144B(2) of the Act, exempted certain classes of cases from the faceless assessment me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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