Skip to main content

India: Retroactive amendment authorizing jurisdictional assessing officers to issue reassessment notices is unconstitutional (High Court decision)

Reassessment notices must be issued via randomized automated allocation.

October 15, 2026

The Andhra Pradesh High Court held that section 147A, which was introduced by Finance Act, 2026, with retroactive effect from April 1, 2021, to authorize jurisdictional assessing officers (JAOs) to issue reassessment notices under sections 148A and 148 of the Income-tax Act, 1961 was unconstitutional.

The court’s decision is consistent with an earlier decision of the Punjab and Haryana High Court that reassessment notices must be issued via randomized automated allocation (i.e., in a “faceless manner”) and that section 147A was unconstitutional. The court held that the legislature cannot override judicial decisions without addressing the statutory basis on which those decisions were founded and that by enacting section 147A, the legislature had sought to over-reach the decisions of various High Courts.

The case is: Bala Sreenivas Rao Somisetty v. ITO (WP No. 28520 of 2023)

Read an October 2026 report prepared by the KPMG member firm in India

Thank you!

Thank you for contacting KPMG. We will respond to you as soon as possible.

Contact KPMG

Use this form to submit general inquiries to KPMG. We will respond to you as soon as possible.
All fields with an asterisk (*) are required.

Job seekers

Visit our careers section or search our jobs database.

Submit RFP

Use the RFP submission form to detail the services KPMG can help assist you with.

Office locations

International hotline

You can confidentially report concerns to the KPMG International hotline

Press contacts

Do you need to speak with our Press Office? Here's how to get in touch.

Headline