2025 (5) TMI 1882 - HC - Income Tax

Validity of Assessment Order passed u/s 147 r.w.s. 144 r/w Section 144B - HELD THAT - Having glanced at show cause notice issued u/s 144 (3) it is apparent that the same was issued on 07.03.2025 with stipulation for submission of reply by 09.03.2025. Therefore on the face of the record the time so specified by the Faceless Assessment Unit is not in consonance with the Standard Operative Procedure. Therefore this Court is of the view that there has been flagrant violation of the principles of natural justice. It is apt to refer to decision of Basudeo Tiwary Vrs. Sido Kanhu University and others 1998 (9) TMI 652 - SUPREME COURT AND Nagarjuna Construction Company Limited 2008 (10) TMI 686 - SUPREME COURT as relied on by the counsel for the petitioner to contend that violation of natural justice leads to arbitrariness and when right is affected by decision taken by statutory powers the Court may presume existence of a duty to observe the rules of natural justice. There is no cavil that whenever it is necessary to ensure against the failure of justice the principles of natural justice must be read into the provision. Thus this Court is inclined to set aside the Assessment Order passed u/s 147 r.w.s. 144 r/w Section 144B and remit the matter to the opposite party no. 4-The Assessment Unit Income Tax Department The National Faceless Assessment Centre for fresh adjudication.

Summary

1. ISSUES PRESENTED and CONSIDERED

- Whether the issuance of the show cause notice under Section 144(3) of the Income Tax Act, 1961, with a response time shorter than the stipulated period under the Standard Operating Procedure (SOP) of the National Faceless Assessment Centre (NFAC), violated the principles of natural justice.

- Whether the time granted by the Faceless Assessment Unit for uploading voluminous documents was sufficient and reasonable.

- Whether the assessment order passed under Section 147 read with Section 144 and Section 144B of the Income Tax Act, 1961, can be sustained despite the alleged procedural irregularities.

- Whether the Court should interfere with the assessment order and remit the matter for fresh adjudication to ensure compliance with natural justice.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of the show cause notice and adherence to the Standard Operating Procedure (SOP)

Relevant legal framework and precedents: Section 147 of the Income Tax Act empowers the Assessing Officer to reassess income if there is reason to believe that income has escaped assessment. Section 144B(6)(xi) empowers the Principal Chief Commissioner or Principal Director General of the NFAC to lay down standards and procedures for its functioning, including timelines for response. The SOP dated 03.08.2022 mandates a response time of seven days from the issue of the show cause notice (SCN), with a possible curtailment only when necessary due to assessment limitation dates.

Precedents cited include the Supreme Court decisions in Basudeo Tiwary v. Sido Kanhu University and Nagarjuna Construction Company Ltd. v. Government of Andhra Pradesh, which emphasize that violation of natural justice leads to arbitrariness, and courts presume a duty to observe natural justice rules when statutory powers affect rights.

Court's interpretation and reasoning: The Court observed that the show cause notice under Section 144(3) was issued on 07.03.2025 with a due date for reply fixed on 09.03.2025, allowing only two days for response. This was contrary to the SOP's clear mandate of seven days' response time, except in exceptional circumstances which were not demonstrated here.

The Court held that this constituted a "flagrant violation of the principles of natural justice" as the petitioner was not afforded a reasonable opportunity to respond, which is a fundamental requirement under administrative law and the Income Tax Act's procedural safeguards.

Key evidence and findings: The SOP document dated 03.08.2022 was relied upon to establish the standard seven-day response period. The actual show cause notice timeline was on record, showing a two-day response window. No justification was provided by the department for curtailing the time.

Application of law to facts: The Court applied the principles from the cited Supreme Court precedents to the facts, concluding that the reduced timeframe violated natural justice and the SOP, thereby invalidating the procedural aspect of the assessment.

Treatment of competing arguments: The department contended that the petitioner had sufficient time to upload documents and that the assessment was based on available material. The Court rejected this, emphasizing adherence to procedural fairness over expediency.

Conclusion: The issuance of the SCN with an inadequate response time was unlawful and violated natural justice principles.

Issue 2: Adequacy of time and facility to upload voluminous documents

Relevant legal framework and precedents: The SOP under Section 144B of the Income Tax Act requires reasonable opportunity to the assessee for submission of documents. Natural justice principles require that the assessee be given adequate time and facility to present their case effectively.

Court's interpretation and reasoning: The petitioner contended that the portal had limited space for uploading documents and that scanning and uploading voluminous records within the stipulated period was practically impossible. The Court accepted this contention, noting the practical difficulties faced by the petitioner in complying within the short timeframe.

Key evidence and findings: The petitioner's submission regarding voluminous records and limited portal space was uncontested. The Court found this to be a significant factor in denying effective opportunity.

Application of law to facts: The Court reasoned that the combination of limited time and technical constraints amounted to denial of reasonable opportunity, a breach of natural justice.

Treatment of competing arguments: The department argued that the petitioner could upload documents within the stipulated time. The Court found this argument unpersuasive given the uncontested technical limitations and the SOP's prescribed timelines.

Conclusion: The petitioner was not afforded a reasonable opportunity to submit voluminous documents, violating natural justice.

Issue 3: Validity of the assessment order passed under Section 147 read with Sections 144 and 144B

Relevant legal framework and precedents: Section 147 allows reassessment where income has escaped assessment. Section 144 and 144B govern faceless assessment procedures. The assessment order must be passed following principles of natural justice and procedural fairness.

Court's interpretation and reasoning: Given the procedural violations identified-specifically, inadequate time for response and document submission-the Court held that the assessment order was vitiated by these irregularities.

Key evidence and findings: The order dated 11.03.2025 was passed without affording the petitioner adequate opportunity, as per the SOP and natural justice.

Application of law to facts: The Court applied the principle that procedural irregularities affecting the assessee's rights render the assessment order unsustainable.

Treatment of competing arguments: The department's contention that the order was proper was rejected on the grounds of procedural fairness.

Conclusion: The assessment order was liable to be set aside due to violation of natural justice.

Issue 4: Whether the matter should be remitted for fresh adjudication

Relevant legal framework and precedents: Courts have the power under Articles 226 and 227 of the Constitution to quash orders passed in violation of natural justice and remit matters for fresh consideration.

Court's interpretation and reasoning: The Court exercised its jurisdiction to set aside the impugned assessment order and remit the matter to the Faceless Assessment Unit for fresh adjudication, directing that reasonable opportunity be granted in compliance with the SOP and natural justice.

Key evidence and findings: The procedural lapse and absence of reasonable opportunity justified remand rather than outright quashing without further opportunity.

Application of law to facts: The Court balanced the interests of justice by allowing reassessment with proper procedure rather than penalizing the revenue for procedural lapses.

Treatment of competing arguments: The department's request for no interference was overruled due to the primacy of natural justice.

Conclusion: The matter was remitted for fresh assessment with directions to afford reasonable opportunity.

3. SIGNIFICANT HOLDINGS

"Having glanced at show cause notice issued under Section 144 (3), it is apparent that the same was issued on 07.03.2025 with stipulation for submission of reply by 09.03.2025. Therefore, on the face of the record, the time so specified by the Faceless Assessment Unit is not in consonance with the Standard Operative Procedure. Therefore, this Court is of the view that there has been flagrant violation of the principles of natural justice."

"Violation of natural justice leads to arbitrariness and when right is affected by decision taken by statutory powers, the Court may presume existence of a duty to observe the rules of natural justice."

"In view of the aforesaid facts and the legal position, the Court... is inclined to set aside the Assessment Order dated 11.03.2025 passed under Section 147 r.w.s. 144 read with Section 144B of the Income Tax Act and remit the matter... for fresh adjudication... It is hoped that the Assessing Authority shall afford reasonable opportunity to furnish required documents necessary for the purpose of assessment."

Core principles established include the mandatory requirement of adherence to the SOP timelines for response in faceless assessments, the non-derogable nature of natural justice principles in tax assessments, and the Court's power to set aside and remit orders where procedural fairness is compromised.

Final determinations:

• The show cause notice with inadequate response time violated the SOP and natural justice.
• The petitioner was not afforded reasonable opportunity to submit voluminous documents due to limited time and technical constraints.
• The assessment order passed under Section 147 read with Sections 144 and 144B was set aside on grounds of procedural irregularity.
• The matter was remitted to the Faceless Assessment Unit for fresh adjudication with directions to comply with SOP and natural justice principles.