TMI Blog2023 (2) TMI 863X X X X Extracts X X X X X X X X Extracts X X X X ..... er u/s 144B. Such Faceless Assessment Scheme 2019 has been incorporated under the Tax regime vide Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, whereby, Section 144B was inserted from 1st April 2021. The circular of Central Board of Direct Taxes (CBDT) deals with the procedure of faceless assessment, scope of work to be done by different units such as assessment unit, verification unit, technical unit etc. Non-compliance of sub-section (9) of Section 144B of the Act would render the issue non est. Our attention is drawn that the provisions of sub-section (9) of Section 144B of the Act though have been omitted from the statute book, there is no running away from the fact that the time given is in no m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r was selected for scrutiny. That regular assessment under Section 143(3) of the Act was completed on 07.12.2018. The Principal Commissioner of Income Tax 1 initiated proceedings under Section 263 of the Act and set aside the entire assessment vide order dated 21.03.2021 holding that the assessment order dated 07.12.2018 passed by the Assessing Officer was erroneous and directed to make an inquiry relating to the issue of exempt LTCG to the tune of Rs.23,92,500/-. 2.2 Challenge has been made to the order of the Principal Commissioner of Income Tax 1 before the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal ). Meaning while, the respondent finalized the fresh assessment under Section 143(3) read with Section 263 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd and penalty. (f) To allow this Petition with cost. (g) To pass any further or other orders as the Hon ble Court may deem proper in the interest of justice and in the circumstances of the case. 4. In response to the notice issued, learned senior standing counsel Mr. Nikunt Raval has appeared for the respondent. Today, learned senior standing counsel Mr. Raval, assisted by learned advocate Mr. Karan Sanghani has argued the matter urging that all the contentions that have been raised by the petitioner have been duly considered. It is not being disputed that the time granted for the purpose of representing the case of the petitioner was exceptionally less than four hours. 5. We have heard, learned advocate Mr. S. N. Diva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-compliance of mandatory statutory provisions and for grant of less than four hours to respond to the notice on 29.03.2022, interference is desirable. We could notice that the final show-cause notice cum draft assessment order proposing huge additions aggregating Rs.39,87,750/- was issued at 17:22 IST on 29.03.2022, which was to be responded to by 23:59 IST on the very day. This, surely, is in gross violation of the principles of natural justice as to ask some one to respond to the same in less than four hours, amounts to nearly achieve impossible. When it is being terms as violation of principles of natural justice, it is mild expression to the conduct of the respondent. The least that could have been done was to regard the objective a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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