TMI Blog2021 (7) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 144-B (1) (xvi) of the ITA Act for triggering the procedure of first preparing a draft assessment order and providing it to the Petitioner for its response stands attracted in this case. This Court sets aside the impugned assessment order of the NFAC as well as all consequential demand notices/orders and grants liberty to the Department to pass a fresh assessment order for the AY in question in accordance with law - Department shall give the Petitioner a personal hearing on a date and at a time which shall be communicated to the Petitioner sufficiently in advance. - W.P.(C) No. 19402 of 2021 - - - Dated:- 8-7-2021 - DR. S. MURALIDHAR CHIEF JUSTICE AND SAVITRI RATHO JUDGE Petitioner Mr. Sanjay Kumar Acharya, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oth the aforementioned judgments of the Delhi High Court, similar assessment orders by the NFAC were challenged and were set aside by the High court on identical ground viz., that no show cause notice-cum-draft assessment order in terms of Section 144-B of the IT Act was issued to the Petitioner prior to passing the final assessment order and no notice under Section 156 and Section 274 read with Section 270A of the IT Act was issued either. 5. Learned counsel for the Department, however, sought to distinguish the said judgments by submitting that the requirement of preparing a draft assessment order under Section 144-B of the I.T. Act would arise only when the Department proposes to make any variation which is prejudicial to the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... response stands attracted in this case. 8. Consequently, this Court sets aside the impugned assessment order dated 14th June, 2021 of the NFAC as well as all consequential demand notices/orders and grants liberty to the Department to pass a fresh assessment order for the AY in question in accordance with law. The Department shall give the Petitioner a personal hearing on a date and at a time which shall be communicated to the Petitioner sufficiently in advance. It is needless to say that the Petitioner assessee will cooperate in the fresh assessments proceedings and furnish the relevant documents and information available with it relevant to the proceedings. 9. The writ petition is disposed of in the above terms. 10. As the restri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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