Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sanjay Aggarwal v. National Faceless Assessment Centre, Del. (2021)436 ITR 180/ 203 DTR 73/ 321 CTR 145/ 281 Taxman 282 (Delhi) (HC)

S. 144B : Faceless Assessment – Natural justice -Order was passed without affording an opportunity of personal hearing – Order was set aside [ S 57 ,92C, 143 (3) , Art , 226 ]

SDS Infratech (P) Ltd. v. National Faceless Assessment Centre. (2021)437 ITR 314/ 281 Taxman 580 (Delhi) ( HC)

S. 144B : Faceless Assessment – Natural justice – Opportunity of Video Conferencing / oral hearing had not been provided – Matter remanded back to the Assessing Officer . [ S. 143 (3) , 144B(7) ]

Ritnand Balved Education Foundation v. National Faceless Assessment Centre. (2021) 437 ITR 114/ 202 DTR 155/ 321 CTR 141 / 281 taxman 275 (Delhi) ( HC)

S. 144B : Faceless Assessment – Natural justice – Order was passed without granting personal hearing – Order and notice of demand and notice for initiating penalty proceedings were set aside [ S.143 (3)), 144B(7) (vii)) ]

Renew Power (P) Ltd. v. National E-Assessment Centre Delhi (2021) 281 Taxman 240 (Delhi) (HC)

S. 144B : Faceless Assessment – Natural justice – Time was granted to respond to the draft assessment order and show cause notice by 23.59 hours on 22-4 -2021 – Order was passed on 22-4 -2021 at 14-11 hours – The order was quashed and directed to pass a fresh assessment order [ S.143 (3) ]

RMSI (P) LTD. v. National E-Assessment Centre (2021)436 ITR 612/ 281 Taxman 571 (Delhi) ( HC)

S. 144B : Faceless Assessment – Natural justice – Draft Assessment order was not issued – Order was set aside [ S. 143 (3), 144B(9), Art, 226 ]

RKKR Foundation v. National Faceless Assessment Centre (2021) 281 Taxman 604 (Delhi) ( HC)

S. 144B : Faceless Assessment – Natural justice – No reasonable opportunity was granted – Assessment order, notice of demand and notice for initiation of penalty proceedings was quashed and set aside. [ S. 143 (3) , Art , 226 ]

Praful M. Shah v. National Faceless Assessment (2021) 281 Taxman 244 (Bom.) ( HC)

S. 144B : Faceless Assessment – Natural justice -Without jurisdiction – Order was kept in abeyance – Notice was issued to the revenue [ Art. 226 ]

Naresh Kumar Goyal v. National Faceless Assessment Centre (2021) 281 Taxman 577 (Delhi.) ( HC)

. 144B : Faceless Assessment – Natural justice – Order without affording an opportunity of personal hearing- Order was set aside . [ S.143(3), 144B(7), Art, 226 ]

Nandakumar T.G. v. ITO (2021) 281 Taxman 259 (Ker.) ( HC)

S. 144B : Faceless Assessment – Order set aside by the Appellate Tribunal of Cochin Bench – Notice issued by the Faceless assessment unit from Delhi – Notice issued under faceless assessment Scheme was stayed- Respondent was directed to initiate proceedings for personal hearing by the original Assessing Officer . [ Art. 226 ]

Lemon Tree Hotels Ltd v. National Faceless Assessment Centre Delhi (2021) 437 ITR 111/ 202 DTR 152/ 321 CTR 137 / 281 Taxman 328 (Delhi) ( HC)

S. 144B : Faceless Assessment – Natural justice – Personal hearing – Once an request is made for personal hearing , the Officer in charge ordinarily has to grant a personal hearing [ S. 143(), 144B(7), Art , 226 ]