Nemi Chand Prajapat vs Union Of India (2025:Rj-Jd:37688-Db) on 22 August, 2025

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Order

22/08/2025

1. One of the grounds raised in this matter is that notice under

Section 148 of the Income Tax Act, 1961 (for short “the Act”) for

initiating re-assessment proceedings was issued by the

Jurisdictional Assessing Officer (JAO) and not Faceless Assessing

Officer (FAO) and therefore, notice itself is bad in law. Counsel

submitted that consequently the assessment order passed is also

bad in law.

[2025:RJ-JD:37688-DB] (2 of 3) [CW-6712/2025]

2. Counsel for Revenue Shri Bhandari submitted that assessee

participated in assessment proceedings without raising this ground

and therefore today after assessment order is passed, he cannot

challenge issue of jurisdiction on the ground that notice was to be

issued by the FAO and not JAO. He says that Section 124 of the

Act bars raising of issue of jurisdiction after 30 days of issuance of

notice under Section 142(1).



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