The Appellate Tribunal considered the validity of a ...

Validity of re-assessment notice: The Tribunal ruled in favor of assessee, declaring JAO's notice invalid u/s 151A.

Case Laws     Income Tax

July 3, 2024

The Appellate Tribunal considered the validity of a re-assessment notice issued by the jurisdictional AO instead of the designated Faceless Assessing Officer (FAO) as required by Notification No 18/2022. The Tribunal held that the Scheme formulated by the CBDT applies to both assessment and issuance of notice u/s 148 of the Act. It clarified that only the FAO, not the JAO, can issue notices u/s 148. The Tribunal emphasized that Section 144B applies to assessment or reassessment, not to the issuance of notices. Citing a case, the Tribunal deemed notices issued by JAOs invalid u/s 151A of the Act. Consequently, the Tribunal declared the assessment based on JAO's notice as void ab initio, ruling in favor of the assessee.

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