Il and Fs Township Urban Assets Limited v. Centralised Processing Centre

What is this about?

Bombay High Court (Ordinary Original Civil Jurisdiction), Writ Petition No. 3500 of 2025, decided 10.11.2025 by B. P. Colabawalla and Amit S. Jamsandekar, JJ. IL & FS Township Urban Assets Limited challenged a notice under Section 148 of the Income Tax Act, 1961 on the ground that it was issued by the Jurisdictional Assessing Officer although the law mandates issue by the Faceless Assessing Officer. The Revenue conceded the point was concluded by Hexaware Technologies Ltd. v. ACIT, Circle 15(1)(2), (2024) 162 taxmann.com 225 (Bombay), which is challenged (SLP) before the Hon'ble Supreme Court with no stay. Following Hexaware, the Court set aside the Section 148 notice and all proceedings/orders emanating therefrom, made Rule absolute and disposed of the petition, while granting the Revenue liberty to revive it by a simple Praecipe if the Supreme Court sets Hexaware aside, with an automatic interim stay on the notice upon revival and fresh adjudication on merits if revived. Relevant to: validity of a S. 148 notice issued by the jurisdictional AO versus the faceless-assessment mandate; binding effect of Hexaware (Bom) despite pending SLP; revival-by-Praecipe practice. Advocates: Fereshte Sethna with Mrunal Parekh i/b DMD (Petitioner); Akhileshwar Sharma (Respondents/Revenue).