WP/34271/2025 of GENTEM SREEKANTH Vs THE INCOME TAX OFFICER on 8 December 2025

1. GENTEM SREEKANTH, S/O LATE G. NARSIMULU, AGED ABOUT 51 YEARS, OCC. BUSINESS, D.NO.1/4/388, 1ST FLOOR, LIC COLONY, ANANTAPUR, ANDHRA PRADESH-515004.

...PETITIONER AND

1. THE INCOME TAX OFFICER, WARD-1, GUNTAKAL, LNCOME TAX OFFICE, GUNTHA BHAVI STREET, GUNTAKAL, ANDHRA PRADESH- 515801.

2. THE CHIEF COMMISSIONER OF INCOME TAX, HYDERABAD, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD, TELANGANA- 500004.

3. THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTRE, DELHI, MINISTRY OF FINANCE, ROOM NO. 401,2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI-110003.

...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the Assessment Order dt. 21.03.2024 passed by the 1st respondent u/s 147 r.w.s 144 of the Income-tax Act for A.Y. 2019-20 vide DIN No. ITBA/AST/S/147/2023-24/1063105080(1), which is passed as a consequence of the order passed u/s 148A(d) dt. 30.03.2023 vide DIN NO. ITBA/AST/F/148A/2022-23/1051674204(1) and the notice u/s 148 dt. 30.03.2023 vide DIN No. lTBA/AST/S/148_1/2022- 23/1051676635(1) issued by the JAO(1st respondent) instead of FAO(3rd respondent),and passing an ex-parte Assessment order and penalty orders wherein the petitioner was denied an effective opportunity of being heard, as void, illegal, and contrary to the Principles of Natural Justice, apart from being barred by limitation and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings pursuant to the Assessment Order dt. 21.03.2024 passed by the 1st respondent u/s 147 r.w.s 144 of the Income-tax Act for A. Y. 2019-20 vide DIN No. ITBA/AST/S/147/2023-24/1063105080(1), and may pass Counsel for the Petitioner:

1. DUNDU MANMOHAN Counsel for the Respondent(S):

1. The Court made the following:

THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.34271 of 2025 ORDER: (Per Hon’ble Sri Justice Battu Devanand)

This writ petition has been filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the Assessment Order dt. 21.03.2024 passed by the 1st respondent u/s. 147 r.w.s. 144 of the Income-tax Act for A.Y. 2019- 20 vide DIN No.ITBA/AST/S/147/2023-24/1063105080(1), which is passed as a consequence of the order passed u/s 148A(d) dt. 30.03.2023 vide DIN No.ITBA/AST/F/148A/2022-23/1051674204(1) and the notice u/s 148 dt. 30.03.2023 vide DIN No.lTBA/AST/S/148_1/2022-23/1051676635(1) issued by the JAO (1st respondent) instead of FAO (3rd respondent) and passing an ex-parte Assessment order and penalty orders wherein the petitioner was denied an effective opportunity of being heard as void, illegal and contrary to the Principles of Natural Justice apart from being barred by limitation and pass ….”

Heard the learned counsel for the petitioner and Sri Y.N.Vivekananda, learned Standing Counsel appearing for the Income Tax Department.

3) Perused the record.

4) The issue raised in the present Writ Petition is the subject matter in the case of Smt. Parameela Pasumarthi Vs. The Deputy Commissioner of Income Tax Circle-II, Vijayawada and another wherein this Court allowed W.P.No.14681 of 2023 and batch and held as herein under:

“Considering the background in notifying the (E-Assessment Scheme of Income Escaping Assessment Scheme, 2022) notified by the Government of India on 29.03.2022, and in the light of the decisions of various High Courts stated supra and upon careful consideration of the contentions raised by the learned counsel appearing on either side, we hold that the impugned notices and orders which have been issued by the Jurisdictional Assessing Officer, or outside the faceless mechanism as provided under the provisions of Section 144 (b) read with Section 151 A and the “E-Assessment Scheme of Income Escaping Assessment Scheme, 2022” notified by the Government of India on 29.03.2022 under Section 151 A, is bad and illegal. It is made clear that the Jurisdictional Assessing Officer (“JAO”) had no jurisdiction to issue the impugned orders/notices.”

5) Since the issue is covered by the order of this Court, dated 28.10.2025 in W.P.No.14681 of 2023 and batch, this Writ Petition is allowed in terms of the said order.

6) There shall be no order as to costs.

7) Consequently, miscellaneous applications, pending if any, shall stand closed.

Registry to append a copy of the order in W.P.No.14681 of 2023 and batch, to this order. __________________________ JUSTICE BATTU DEVANAND

__________________________________ JUSTICE A. HARI HARANADHA SARMA Date: 09/12/2025 SCS

THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

WRIT PETITION No.34271 of 2025

Date: 09.12.2025

SCS