TMI Blog2021 (11) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... rdance with the Risk Management Strategy specified by the Board. The Counsel for respondents was unable to confirm whether any Risk Management Strategy has been specified by the Board. How assessment orders have been passed by the respondents in terms of the aforesaid provisions. The writ petitioner is, therefore, directed to file a statutory appeal in terms of the above provisions within a period of 30 days from the date of receipt of this order. Considering the fact that the impugned order passed without appropriate Risk Management Strategy of the Board is contemplated under Section 144 (B) (1) (xvi) the Appellate Commissioner may consider the appeal of the writ petitioner, if such appeal is filed on merits and in accordance with law. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Officer, National Faceless Assessment Centre. The writ petitioner was asked to respond to the above by 25.09.2021. The writ petitioner also responded to the show cause notice on 25.09..2021. The writ petitioner however requested the respondents to extend personal hearing in terms of Section 144 (B) (7) (vii). Thereafter, the National Faceless Assessment Centre also fixed the hearing on 28.09.2021 at 10:30 A.M through video conferencing. 3. The writ petitioner also participated in the said proceedings pursuant to which the impugned order has been passed on the same day i.e., 28.09.2021. In this writ petition the learned counsel for writ petitioner submits that the major dispute pertains to the addition of stock and therefore, without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed at the fag end of the limitation are liable to be quashed. Further, in terms of the decision of the Hon'ble Supreme Court in Principal Commissioner of Income Tax and others Vs . M/S. LG Electronics India Private Limited, 2018 (7) TMI 1905 (SC) passed in Civil Appeal No. 6850 of 2018 vide order dated 20.7.2018 which reads as under: Having heard Shir Vikramjit Banerjee, learned ASG appearing on behalf of the appellant, and giving credence to the fact that he has argued before us that the administrative circualr will not operate as a fetter on the Commissioner since it is a quasi judicial authority, we only need to clarify that in all cases like the present, it will be open to grant deposit orders of a lesser amount tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which cannot be examined in detail to arrive at a fair conclusion, one way or the other. The writ petitioner has an alternative and efficacious remedy under the Appellate Commissioner under Section 246 (A) of the Income Tax Act, 1961. Considering the same the writ petition filed challenging the assessment order passed by the National Faceless Assessment Centre, Delhi cannot be entertained. 11. Heard learned counsel for writ petitioner had perused the voluminous records which have been filed in the present writ petition. Section 144 (B) of the Income Tax Act, 1961 was inserted with effect from 01.04.2021. As a matter of act the aforesaid provision contemplates that National Faceless Assessment Centre to examine the draft assessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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