Jurisdictional defect in reassessment notice under the 29.03.2022 circular led to relief on the issuing authority issue.

A reassessment notice under Section 148 was challenged as jurisdiction because, under the circular dated 29.03.2022, the NFAC was said to have exclusive power to issue such notice. Earlier coordinate bench decisions had already decided the same jurisdictional point, and the revenue did not dispute their applicability. The petition was disposed of by following that binding view, with the revenue left free to proceed in accordance with law if so advised.

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Issues: Whether the notice issued under Section 148 of the Income-tax Act, 1961 for the relevant assessment year was without jurisdiction in view of the CBDT circular and the earlier coordinate bench decisions.

Analysis: The writ petition challenged the reassessment notice and consequential actions on the ground that, under the CBDT circular/notification dated 29.03.2022, the NFAC had exclusive power to issue such notice. The same issue had already been decided by coordinate benches in earlier cases, and the revenue did not dispute the applicability of those decisions. The petition was therefore disposed of by following the earlier binding view and leaving the revenue to proceed in accordance with law if so advised.

Conclusion: The challenge to the notice was accepted in substance and the petitioner succeeded on the jurisdictional issue.

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