Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    Assessing Officer's Duty to Notify Losses : Clause 291 of the Income Tax Bill, 2025 Vs. Section 157 ...
    Statutory mechanism for the modification and revision of demand notices : Clause 290 of Income Tax B...
    Examination of Notice of Demand Provisions in Indian Tax Statutes : Clause 289 of the Income Tax Bil...
    Procedural Amendments and Rectification under Indian Income Tax Law : Clause 288 of Income Tax Bill,...
    Procedural Safeguards and Rectification under Indian Tax Law : Clause 287 of the Income Tax Bill, 20...
    Reforming Assessment Timelines of assessment, reassessment, and recomputation of income : Clause 286...
    procedural aspects of assessment, reassessment, and recomputation where income has allegedly escaped...
    From Faceless Assessment to Executive Schemes : Clause 532 of the Income Tax Bill, 2025 Vs. Section ...
    Authority and Accountability in Reopening Assessments : Clause 284 of the Income Tax Bill, 2025 Vs. ...
    Expanding the Framework for Assessment in Consequence of Appellate Orders : Clause 283 of the Income...
    The Changing Landscape of Reassessment Notices in Indian Tax Law : Clause 282 of Income Tax Bill, 20...
    The New Framework for Reassessment Notices, Balancing Revenue Powers and Taxpayer Rights : Clause 28...
    Modernizing the Reassessment Notice Regime in Indian Income Tax Law : Clause 280 of the Income Tax B...
    Procedural and Substantive Shifts in Income Escaping Assessment : Clause 279 of Income Tax Bill, 202...
    Timing of Income Recognition of Compensation and Incentives : Clause 278 of Income Tax Bill, 2025 Vs...
    Valuation of Inventory and Securities under Indian Tax Law : Clause 277 of the Income Tax Bill, 2025...
    Legal Framework and Practical Impact of Method of Accounting under Indian Income Tax : Clause 276 of...
    Comparative Legal Analysis of the DRP Mechanism : Clause 275 of the Income Tax Bill, 2025 Vs. Sectio...
    Procedures and Legal Safeguards of "impermissible avoidance arrangements" (IAAs) : Clause 274 of the...
    Future of Faceless Assessment :Clause 273 of the Income Tax Bill, 2025 Vs. Section 144B of the Incom...
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    Act RulesBills
    Show AI Summary
    Intimation of loss: AO must issue written notification to enable carry forward and set-off of assessed losses.
    Clause 291 requires the Assessing Officer to notify the assessee by written order of the amount of loss computed for specified loss heads where a loss is established during assessment and is eligible for carry forward and set-off under the Bill; the written notification is the formal basis for claiming loss benefits in subsequent years, while the clause omits an express timeline, remedies for non-notification, and explicit treatment of appeal or rectification.
    Act RulesBills
    Show AI Summary
    Modification of tax demand notices: AO must revise demands to reflect insolvency orders and subsequent appellate modifications.
    Clause 290 requires the Assessing Officer to serve a modified demand notice treated as a demand under the restructured Act where an earlier demand is reduced by an order under the Insolvency and Bankruptcy Code, covering tax, interest, penalty, fine or any other sum, and mandates further revision if the insolvency order is altered on appeal.
    Act RulesBills
    Show AI Summary
    Notice of demand: modernised formal notice and deferment for start up share compensation, aligning tax timing with liquidity events.
    Notice of demand is the statutory precondition for recovery: Clause 289(1) mandates issuance in a prescribed form for any payable sum following an order; Clause 289(2) deems certain system-generated intimations equivalent to notices to streamline automated recovery; Clause 289(3) defers tax on specified securities or sweat equity for eligible start-up employees until defined liquidity or employment-trigger events, thereby aligning tax payment timing with cash realization.
    Act RulesBills
    Show AI Summary
    Rectification of assessments: new provision expands AO authority to amend orders for subsequent events and compliance.
    Clause 288 consolidates and prescribes time-bound powers for Assessing Officers to amend assessment orders when subsequent judicial, administrative or factual events render original assessments incorrect, covering partner/AOP adjustments, recomputation for carry-forward losses, capital gains recharacterisation, foreign tax credit, TDS credit timing, transfer pricing amendments and related categories, with generally four-year limitation periods and an emphasis on digital procedural integration.
    Act RulesBills
    Show AI Summary
    Rectification of mistakes apparent from the record: updated authority scope, procedural safeguards, and prescribed timelines ensure corrective relief.
    Clause 287 empowers income-tax authorities to rectify mistakes apparent from the record by amending orders and specified intimations, subject to the exclusion of matters already considered in appeal or revision. Rectification may be initiated suo motu or on application, but any amendment increasing liability requires prior notice and a reasonable opportunity to be heard and must be made by written order. Reductions of liability trigger refund obligations, increases trigger prescribed demand notices, and the power is constrained by a prescribed limitation period and a statutory timeline for disposal of applications.
    Act RulesBills
    Show AI Summary
    Time limits for tax assessments clarified: tabular framework sets fixed periods, exclusions and minimum residual time for authorities.
    Reform replaces narrative limitation provisions with a tabular, scenario-based regime specifying trigger dates and fixed completion periods-generally one year for routine assessments and reassessments-with special shorter windows for modifications. The draft adds a twelve-month extension for transfer pricing references, an exhaustive list of periods to be excluded from limitation computations (stays, reopenings, treaty exchanges, GAAR references, valuation reports, advance rulings, search handovers, etc.), and safeguards ensuring minimum residual time for authorities, end-of-month extensions, and abatement/revival protections to preserve procedural continuity.
    Act RulesBills
    Show AI Summary
    Tax rate parity: reassessment must use original-year rates, allowing dropping of proceedings if no extra liability.
    Clause 285 requires tax in assessments, reassessments or recomputations for escaped income to be charged at the rates that would have applied had the income been originally assessed; allows the Assessing Officer to drop reassessment proceedings if the assessee demonstrates that inclusion of the alleged escaped income would not increase tax liability and that the original assessment was not impugned under specified appellate or revision provisions; and bars the assessee from reopening matters concluded by certain specified orders once a claim to drop proceedings is made.
    Act RulesBills
    Show AI Summary
    Executive power to frame tax administration schemes may reshape processes while raising delegation and legal certainty concerns.
    Clause 532 empowers the Central Government to notify schemes for any purpose under the Act to eliminate taxpayer-authority interface and optimize resources; it authorises modification or suspension of statutory provisions by notification to implement schemes, permits amendment of existing schemes for transitional continuity, and requires notifications be laid before Parliament, thereby enabling broad administrative reconfiguration through subordinate legislation while raising delegation, transparency, and legal certainty concerns.
    Act RulesBills
    Show AI Summary
    Sanction authority centralization for reopening assessments shifts approval to Additional/Joint Commissioners, reducing prior higher level oversight.
    Clause 284 appoints Additional Commissioners, Additional Directors, Joint Commissioners, or Joint Directors as the sole authorities to grant sanction for notices under sections 280 and 281, replacing the earlier tiered sanction regime. It removes temporal thresholds and higher level approvals formerly applied to older or complex cases, centralizes decision making, omits explanatory and delegation provisions present in the prior framework, and may therefore streamline administration while raising concerns about reduced oversight, interpretive ambiguity, and possible increased litigation.
    Act RulesBills
    Show AI Summary
    Giving effect to appellate findings: reassessment notices may issue despite limitation, subject to safeguards preventing reopening time barred years.
    Clause 283 (Income Tax Bill, 2025) and Section 150 (Income tax Act, 1961) permit issuance of assessment, reassessment or recomputation notices to give effect to a finding or direction in appellate, revisional or judicial orders, explicitly including tribunals and Approving Panel directions in the 2025 Bill. Both provisions preserve a limitation safeguard: notices cannot be issued if, when the original order (or reference to the Approving Panel) was made, the relevant year's assessment was already time barred. Notices must show a direct nexus to the operative finding or direction and remain subject to procedural requirements.
    Act RulesBills
    Show AI Summary
    Limitation periods for reassessment notices extended and a minimum cooling-off period introduced, retaining high-value reopening threshold.
    Clause 282 restructures limitation periods for notices under sections 280 and 281 by extending both standard and extended windows for reopening, retaining a high-value threshold that requires the Assessing Officer to possess books, documents or other evidence of substantial escapement, and by introducing a mandatory minimum cooling-off period before any notice may be issued; it does not explicitly replicate earlier exclusions for time spent in show-cause proceedings, court stays, or special provisions for foreign assets, creating potential interpretive gaps.
    Act RulesBills
    Show AI Summary
    Pre-notice hearing requirement: show cause with disclosed information, supervisory approval required before reassessment notices.
    Clause 281 requires that where the AO has information suggesting income has escaped assessment, the AO must serve a show cause notice accompanied by that information, allow the assessee to reply within the period specified, and, after considering the record and any reply, obtain prior approval of the specified authority before passing an order on whether to issue a notice under section 280. The clause omits explicit timelines, does not define the specified authority within the clause, and provides broader exceptions to the pre-notice requirement.
    Act RulesBills
    Show AI Summary
    Reassessment notice reform: information-driven reopening with prescribed timelines and mandatory higher-level approval to ensure procedural safeguards.
    Clause 280 requires the AO to issue a notice with a copy of the relevant order before reassessment, sets a maximum three-month period to furnish a prescribed, verified return, treats timely returns as equivalent to original returns while disallowing that status for belated filings, mandates that issuance be predicated on "information" suggesting escapement, and requires prior approval of a specified authority where information derives from centralized schemes, Approving Panel directions, or judicial/quasi-judicial orders.
    Act RulesBills
    Show AI Summary
    Reassessment powers expand to permit assessment of escaped income and collateral issues even where certain procedural steps were missed.
    Clause 279 empowers the Assessing Officer to assess or reassess income and recompute losses, depreciation and other allowances where income escaping assessment is identified, substitutes "tax year" for "assessment year," and, while making AO's powers subject to sections 280-286, permits assessment of other issues that emerge during proceedings even if specified procedural sections were not complied with, thereby prioritising substantive tax determination over technical procedural infirmities.
    Act RulesBills
    Show AI Summary
    Timing of income recognition: interest on compensation taxed on receipt; escalation claims taxed on reasonable certainty of realisation.
    Clause 278 deems interest on compensation or enhanced compensation taxable in the tax year of actual receipt, treats escalation claims and export incentives as income when reasonable certainty of realisation is achieved, and taxes specified incomes under section 2(49)(w) on receipt if not earlier charged, thereby aligning taxability with receipt or demonstrable certainty and aiming to prevent timing gaps while leaving factual application issues like allocation and evidentiary standards to further guidance.
    Act RulesBills
    Show AI Summary
    Inventory valuation rules require ICDS aligned costing, inclusion of statutory levies, and category wise securities valuation for tax computation.
    Inventory and securities for tax purposes must be valued in accordance with ICDS: inventory at the lower of actual cost or net realisable value, purchases, sales and inventory adjusted to include any tax, duty, cess or fee actually paid or incurred to bring goods or services to present location and condition; illiquid or unquoted securities at actual cost and regularly quoted securities at the lower of cost or NRV, with securities compared category wise and special treatment for scheduled banks and public financial institutions subject to prudential guidelines.
    Act RulesBills
    Show AI Summary
    Method of accounting: mandatory consistency and binding tax standards lead to AO power to assess by best judgment.
    Clause 276 permits either the cash or mercantile system for computing income provided the system is regularly followed, authorises the Central Government to notify binding Income Computation and Disclosure Standards for classes of assessees or income, and empowers the Assessing Officer to disregard accounts and make a best judgment assessment where accounts are incorrect or incomplete, the accounting method is not regularly followed, or notified ICDS are not applied.
    Act RulesBills
    Show AI Summary
    Dispute Resolution Panel mechanism: statutory draft-order review with binding, reasoned directions and strict timelines for tax variations.
    Clause 275 establishes a DRP mechanism requiring the AO to forward draft assessment orders with prejudicial variations to eligible assessees; assessees have thirty days to accept or object. The DRP, a collegium of three senior officers, may issue written, reasoned directions (confirming, reducing, or enhancing variations) within nine months; such directions are binding on the AO. The clause updates cross-references, vests rule-making power in the Board, and excludes specified proceedings and persons, while omitting an explicit statutory scheme for faceless DRP proceedings.
    Act RulesBills
    Show AI Summary
    Impermissible avoidance arrangements: GAAR procedure mandates reference, Approving Panel review, and binding directions with safeguards.
    Clause 274 creates a multi-stage GAAR procedure: the Assessing Officer may refer suspected impermissible avoidance arrangements to the Principal Commissioner/Commissioner, who must notify the assessee and allow objections; absent or unsatisfactory responses permit directions or escalation to an independent Approving Panel. The Approving Panel, composed of a High Court judge, a senior revenue officer, and an academic, may summon evidence, hold hearings, and issue binding directions within set timelines; such directions are final under the Act, subject only to constitutional judicial review.
    Act RulesBills
    Show AI Summary
    Faceless assessment set as statutory default under proposed bill, expanding electronic non-contact tax assessments and procedural framework.
    Clause 273 makes faceless assessment the statutory default for specified assessments, empowers the Board to define applicability, establishes a National Faceless Assessment Centre with Assessment, Verification, Technical and Review Units, assigns distinct functions to each unit to minimize discretion, mandates electronic communications via the NFAC, and contemplates transfers to the jurisdictional officer where faceless procedure is unsuitable, with procedural details to be prescribed by the Board.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      JAO vs. FAO: Reassessment in the Faceless Era: The Continuing Validity of JAO Jurisdiction Pending Supreme Court Adjudication

      9 December, 2025

      Contents
      Acts
      Plus +
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Deciphering Legal Judgments: A Comprehensive Analysis of Judgment

      Reported as:

      2025 (10) TMI 435 - DELHI HIGH COURT

      Introduction

      The controversy at the heart of these proceedings concerns who has the lawful jurisdiction to initiate reassessment proceedings u/s 148 of the Income-tax Act, 1961 ("the Act") in the post-faceless regime: the traditional Jurisdictional Assessing Officer ("JAO") or the Faceless Assessing Officer ("FAO"). The Delhi High Court's decision dated 26 September 2025, followed by the Supreme Court's interim order dated 6 November 2025 in Yukti Export, together form a significant chapter in the evolving jurisprudence surrounding faceless assessment and reassessment, the effect of Special Leave Petition ("SLP") dismissals, and the operation of Article 141 of the Constitution.

      The High Court's ruling reaffirms, within the Delhi territorial jurisdiction, its earlier position in T.K.S. Builders (P.) Ltd. v. ITO (2024 (10) TMI 1586 - DELHI HIGH COURT) that both JAO and FAO enjoy concurrent jurisdiction to issue notices u/s 148. The petitioners, however, relied heavily on contrary High Court decisions (notably from Bombay, Telangana, Punjab & Haryana) and subsequent Supreme Court orders dismissing SLPs against those judgments to contend that only FAO has jurisdiction. The Supreme Court's later intervention in Yukti Export v. ITO, staying assessment proceedings and tagging the matter with a pending SLP, indicates that the question has now been elevated to a pan-India issue with wider systemic consequences.

      In the broader legal framework, these decisions lie at the intersection of: (i) statutory reconfiguration of assessment jurisdiction u/s 151A (faceless regime); (ii) constitutional principles governing precedential value of SLP orders; and (iii) inter-court comity and the doctrine of per incuriam as applied to conflicting High Court views.

      Key Legal Issues

      1. Who has jurisdiction to issue notices u/s 148: JAO, FAO, or both?

      The primary substantive issue is whether, post Section 151A and the introduction of the faceless scheme, the power to initiate reassessment u/s 148 is vested exclusively in the FAO or whether the JAO continues to retain independent and concurrent jurisdiction. This is mainly a matter of statutory interpretation (Sections 148 and 151A and related scheme notifications), informed by the nature and architecture of the faceless regime.

      2. Effect of Supreme Court's dismissal of SLPs on the binding force of contrary High Court judgments

      The petitioners argued that Supreme Court's dismissal of SLPs against Bombay and Telangana High Court judgments (which favoured exclusive FAO jurisdiction) operates as a declaration of law under Article 141 and impliedly overrules or renders per incuriam the Delhi High Court's contrary view in T.K.S. Builders. This raises a procedural and constitutional issue: when, and to what extent, does a speaking order dismissing an SLP amount to "law declared" and affect subsisting High Court precedent?

      3. Per incuriam and intra-High Court precedent

      The petitioners contended that T.K.S. Builders is per incuriam because it allegedly disregarded binding Supreme Court law and the statutory command of Section 151A. The issue here concerns whether, in light of subsequent developments and other High Court decisions, a coordinate bench judgment can be treated as per incuriam and therefore not binding.

      4. Impact of Supreme Court's subsequent interim stay in Yukti Export

      The Supreme Court's order in Yukti Export staying the assessment proceedings and tagging the matter with an earlier SLP raises questions about: (i) whether the High Court's position remains operative; (ii) how far such an interim order indicates that the legal question is open; and (iii) the practical consequences for taxpayers and the Revenue pending final adjudication.

      Detailed Issue-wise Analysis

      1. Jurisdiction u/s 148 in the faceless era

      The petitioners relied on a series of High Court decisions-Hexaware Technologies Ltd. (2024 (5) TMI 302 - BOMBAY HIGH COURT), Prakash Pandurang Patil (2025 (8) TMI 1700 - SC Order), Sri Venkataramana Reddy Patloola (2024 (9) TMI 100 - TELANGANA HIGH COURT), Deepanjan Roy (2024 (8) TMI 1598 - TELANGANA HIGH COURT), Jatinder Singh Bhangu (2024 (7) TMI 1191 - PUNJAB AND HARYANA HIGH COURT), Royal Bitumen (2024 (7) TMI 906 - BOMBAY HIGH COURT), Everest Kanto Cylinder (2024 (7) TMI 589 - BOMBAY HIGH COURT), Sundaram Multi Pap (2024 (7) TMI 1192 - BOMBAY HIGH COURT), Venus Jewel (2024 (7) TMI 971 - BOMBAY HIGH COURT)-which, in substance, hold that after the introduction of Section 151A and the faceless reassessment architecture, only the FAO is competent to issue notices u/s 148. These judgments typically reason that:

      • The statutory and scheme-based restructuring centralizes reassessment in faceless units; and
      • Permitting JAO-initiated reassessments would undermine the policy and text of the faceless regime.

      By contrast, the Delhi High Court in T.K.S. Builders (and consistently thereafter) has taken the view that JAO and FAO enjoy concurrent jurisdiction. The present judgment reiterates this position, holding in para 10 that "both JAO and FAO possess concurrent jurisdiction to initiate reassessment proceedings u/s 148 of the Act." The Court does not reopen the interpretive exercise afresh; instead it treats T.K.S. Builders as binding precedent, thereby converting the petitions into a challenge primarily on the ground of inconsistency with alleged Supreme Court law.

      Although the text of Section 151A is not reproduced, the fault line is clear: whether Section 151A operates as a jurisdiction-shifting provision (exclusive FAO) or as an enabling/administrative provision (permitting faceless reassessment while not extinguishing pre-existing JAO powers). The Delhi High Court implicitly adopts the latter construction.

      2. Article 141 and the effect of SLP dismissals

      The petitioners' core argument was that dismissal of SLPs against Bombay and Telangana decisions-particularly the order in Prakash Pandurang Patil noting "dismissed on the ground of delay as well as merits"-constitutes a declaration of law binding under Article 141 and therefore negates the Delhi High Court's concurrent-jurisdiction view.

      The High Court rejects this for reasons grounded firmly in Supreme Court precedent:

      • Fuljit Kaur v. State of Punjab, 2010 (6) TMI 687 - Supreme Court: Dismissal of SLP in limine does not affirm the High Court's reasoning nor trigger merger; it only reflects that the case was not considered worthy of examination and does not operate as res judicata or a declaration of law (para 13).
      • State of Orissa v. Dhirendra Sundar Das, 2019 (5) TMI 1949 - Supreme Court: reiterates that in limine SLP dismissal, without detailed reasons, is not a binding precedent under Article 141 (para 14).
      • Kunhayammed v. State of Kerala, 2000 (7) TMI 67 - Supreme Court (LB): exhaustively distinguishes between (i) rejection of SLP (speaking or non-speaking), which does not attract merger, and (ii) orders passed after grant of leave, which do (paras 40-41). It clarifies that even a speaking order rejecting SLP declares law only to the limited extent of what is expressly or by necessary implication decided, but it does not amount to affirmance of the lower court judgment itself.
      • Khoday Distilleries Ltd. v. Mahadeshwara Sahakara Sakkare Karkhane, 2019 (3) TMI 232 - Supreme Court : re-states Kunhayammed and confirms that a speaking SLP rejection may declare law, but still does not effect merger (para 16).

      Applying these principles, the High Court reasons (paras 12, 17) that the Supreme Court's mere recitation that it sees "no reason to interfere" and dismissal "on delay as well as merits" in Prakash Pandurang Patil:

      • does not amount to a detailed or reasoned adjudication of the FAO-JAO jurisdiction issue; and
      • cannot, by necessary implication, be construed as overturning T.K.S. Builders or affirming Hexaware Technologies as binding nationwide precedent.

      Crucially, the Court distinguishes between (i) any statement of law actually contained in a speaking SLP dismissal (which would bind under Article 141), and (ii) the High Court judgment under challenge. Since the Supreme Court did not articulate reasoning on the jurisdictional question, there is no "law declared" that would disable the Delhi High Court from maintaining its earlier view.

      3. Per incuriam and binding force of T.K.S. Builders

      The petitioners asserted that T.K.S. Builders was per incuriam in light of Section 151A and intervening Supreme Court developments. Reliance was placed on Hyder Consulting (UK) Ltd. v. State of Orissa, 2015 (3) TMI 1452 - Supreme Court, on the doctrine of per incuriam.

      The High Court (paras 9-11, 18-19) rejects this line of attack primarily on institutional grounds:

      • T.K.S. Builders is a coordinate bench decision squarely on the same issue, and has been consistently followed in multiple subsequent Delhi High Court cases, including PC Jeweller Ltd., Mala Petrochemicals and Polymers, Mehak Jagga, All India Kataria Education Society, and Empire Fasteners.
      • The SLP against T.K.S. Builders is pending; there is no stay of the judgment. Therefore it "still holds the fort" within Delhi (para 18).
      • Nothing in the Supreme Court's SLP orders expressly declares the Delhi view contrary to law or incompatible with Section 151A.

      By emphasising that T.K.S. Builders remains binding until set aside or overruled, the Court implicitly constrains the per incuriam doctrine to its narrow, traditionally accepted field: where a decision neglects a binding statute or a clear Supreme Court ratio. Since no such binding contrary ratio existed, the Court refuses to treat a coordinate bench's view as per incuriam purely because other High Courts or SLP dismissals have taken another view.

      The petitioners' further argument that the Supreme Court's interim order in PC Jeweller (permitting proceedings but directing that adverse orders not be given effect) undermines reliance on T.K.S. Builders is also rejected. The High Court reads that order as only an interim protective arrangement, not as a pronouncement on the correctness of its own precedent.

      4. Supreme Court's subsequent order in Yukti Export

      Following the Delhi High Court's dismissal of the writ petitions, Yukti Export approached the Supreme Court by way of SLP (C) Nos. 31818-31822 of 2025. On 6 November 2025 (2025 (11) TMI 1524 - SC ORDER), the Supreme Court:

      • issued notice;
      • permitted dasti service;
      • stayed the assessment proceedings "in the meantime" until the next date of hearing; and
      • tagged the matter with SLP(C) No. 29723/2025.

      This order is brief and does not articulate reasons. Nevertheless, its implications are noteworthy:

      • The Supreme Court has considered the challenge sufficiently arguable to warrant notice, which implicitly indicates that the legal issue is not treated as foreclosed by earlier SLP dismissals.
      • The stay of assessment proceedings, though interim and case-specific, provides immediate relief to the petitioner and signals judicial caution in allowing reassessments to proceed in circumstances where jurisdiction is under serious challenge.
      • Tagging with another SLP suggests that the Court intends to hear and decide the broader jurisdictional question (and perhaps related challenges to T.K.S. Builders and the Delhi line of authority) in a consolidated manner.

      However, applying the same principles discussed by the Delhi High Court (Kunhayammed, Fuljit Kaur, Khoday Distilleries), this interim order:

      • does not, at this stage, constitute "law declared" within Article 141; and
      • does not nullify or stay the Delhi High Court's judgment as such-its operation is confined to the specific assessment proceedings of the petitioner before the Supreme Court.

      Practically, though, the Supreme Court's stay will likely encourage similarly situated assessees to seek protective relief, and may persuade lower fora to adopt a cautious approach pending final resolution by the Apex Court.

      Key Holdings and Reasoning

      1. Operative holdings (ratio)

      The Delhi High Court's ratio decidendi can be distilled as follows:

      1. Concurrent jurisdiction remains the law in Delhi: Until set aside by the Supreme Court or a larger bench, the decision in T.K.S. Builders (P.) Ltd. v. ITO governs; both JAO and FAO have concurrent jurisdiction to issue notices u/s 148 within the territorial jurisdiction of the Delhi High Court (paras 9-11, 18).
      2. SLP dismissals do not, on these facts, displace that position: The Supreme Court's dismissals of SLPs against Bombay and Telangana decisions-whether non-speaking or in the form used in Prakash Pandurang Patil-do not amount to a declaration of law that invalidates the Delhi view or renders T.K.S. Builders per incuriam (paras 12-17).
      3. Per incuriam challenge fails: The petitioners' attempt to characterise T.K.S. Builders as per incuriam is rejected; the Court is bound by that coordinate bench decision, especially in the absence of any contrary binding Supreme Court ratio (paras 18-19).
      4. Petitions dismissed: On this basis, the writ petitions assailing JAO-initiated reassessment notices are dismissed (para 20).

      2. Obiter dicta and significant observations

      The judgment also contains important observations, which, though not strictly ratio, are influential:

      • The Court underscores the limited precedential effect of SLP dismissals and stresses that even a speaking order rejecting SLP does not necessarily affirm the High Court judgment (paras 13-17), reinforcing judicial discipline on the use of Article 141.
      • It reiterates that until the Supreme Court grants leave and decides the matter in appeal, the High Court's own precedents remain binding, notwithstanding conflicting decisions of other High Courts.

      The Supreme Court's interim order in Yukti Export does not yet contain a discernible ratio; it is a protective order pending fuller hearing.

      Conclusion

      The Delhi High Court's decision of 26 September 2025 consolidates, within its jurisdiction, a firm stance that both JAO and FAO possess concurrent authority to initiate reassessment u/s 148, notwithstanding a rising body of contrary High Court authority and SLP dismissals. Its careful reliance on Fuljit Kaur, Kunhayammed, Dhirendra Sundar Das and Khoday Distilleries fortifies the doctrinal clarity on the effect of SLP dismissals and resists the temptation to treat cryptic Supreme Court orders as implied overrulings.

      The Supreme Court's subsequent order in Yukti Export, however, indicates that the controversy has reached a critical juncture. By staying the assessment proceedings and tagging the matter with an earlier SLP, the Court has signalled its intention to examine-and possibly harmonise-competing interpretations of the faceless regime and Section 151A. Until a definitive pronouncement is rendered, the Delhi view technically remains operative within its jurisdiction, but is now under active reconsideration at the highest level.

      Practically, this unsettled state of the law implies:

      • Assessees facing JAO-initiated reassessment notices have a credible basis to seek interim protection, especially where the issue is already sub judice before the Supreme Court;
      • The Revenue must anticipate the possibility that reassessments founded solely on JAO action may be invalidated if the Supreme Court ultimately endorses the exclusive FAO jurisdiction line; and
      • Uniform national clarity on the allocation of reassessment powers under the faceless regime is urgently needed to avoid forum shopping, inconsistent outcomes, and administrative uncertainty.

      Future reforms-whether legislative or through detailed CBDT instructions-may also be warranted to explicitly delineate roles of JAO and FAO in reassessment, and to ensure that the statutory text, scheme notifications, and technological architecture are in full harmony with the constitutional demands of certainty, fairness, and non-arbitrariness in tax administration. The forthcoming Supreme Court judgment in the tagged SLPs will be pivotal in setting the interpretive baseline upon which such reforms, and future litigation strategy for both taxpayers and the Revenue, will rest.

       


      Full Text:

      2025 (10) TMI 435 - DELHI HIGH COURT

      Topics

      ActsIncome Tax