2025 (4) TMI 536

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....022 by National Faceless Assessment Centre is without jurisdiction in as much as the impugned provision of section 151A investing jurisdiction to the National Faceless Assessment Centre came with effect from 29.03.2022 vide Notification No. 18/2022/F.No. 370142/16/2022-TP1. only." 03. The facts in brief are that the assessee is a partnership firm engaged in the business of real estate development and renting of immovable properties. During the year the firm had undertaken the construction and development of residential project called Jasmati Complex having an area of 15,800 sq. feet comprising of 12 units at Mohalla-Aparna Colony, Mauza-Jalalpur, Survey Thana-Danapur, at present P.S. Rupsapur-1 in the town and Disrict of Patna, bearing S....

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....ssessment. 05. After hearing the rival contentions and perusing the materials available on record, we find that the notice u/s 142(1) was issued on 16.12.2021, by National Faceless Assessment Centre (NFAC), when there was no power vested with the said NFAC to issue such notice. We note that there is a separate section of 142B of the Act which was inserted w.e.f. 01.11.2020 for faceless enquiry and valuation and we further note that the faceless enquiry and valuation scheme 2022, was duly notified on 30.03.2022 vide notification no. 19/2022 F.No.370142/15/2022-TPI for issuing notice u/s 142(1) of the Act in a faceless manner through automated allocation in accordance with and to the extent provided in Section 144B of the Act with referenc....

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....ver, we find that the arguments and submissions made by the ld. DR is devoid of any merit. 07. The case of the assessee find support from the decision of the coordinate bench in the case of Nabiul Industrial Metal Pvt. Ltd. Vs. ITO in ITA no. 1328/KOL/2024, wherein the co-ordinate Bench vide Para 2.1 to 2.3, allowed the appeal of the assessee by holding that the assumption of jurisdiction by the NFAC is invalid as there is no power with NFAC to issue notice u/s 142(1) of the Act prior to 29.03.2022 because the scheme of faceless enquiry u/s 142B of the Act for issuance of notice u/s 142(1) of the Act by NFAC was notified on 30.03.2022 vide Notification no. 19/2022 though it was inserted on the statute book w.e.f. 1.11.2020 for faceless e....