Assessment order was passed without issuing a mandatory draft assessment order or a show cause notice to assessee. On writ the Court held that order passed without issuing a mandatory draft assessment order and show cause notice being contrary to statutory scheme, as provided in section 144B of the Act, the assessment order issued under section 144, read with section 144B as well as demand notice issued under section 156 and notice for initiating penalty proceedings issued under sections 270A and 271AAC(I) were set aside. Revenue was given an opportunity to pass a fresh assessment order in accordance with law. (AY. 2018-19)
Anju Jalaj Batra v. NEAC (2021) 283 Taxman 81 (Delhi)(HC)
S. 144B : Faceless Assessment-Violation of principle of natural justice-Order passed without issuing a mandatory draft assessment order-Assessment order, notice of demand and penalty notice was quashed-Revenue was given an opportunity to pass a fresh assessment order in accordance with law. [S. 143(3), 156, 270A, 271AAC, Art. 226]