Assessing officer passed the assessment order without issuing a show cause notice with the draft assessment order as required under S. 144B of the Act. The High Court has set aside the assessment order declaring it as non est as the mandatory requirement under s. 144B of the Act. On SLP the Court held that the High Court committed no error in setting aside the assessment order by declaring it as non est; however, in view of the fact that the Faceless Assessment Scheme has been introduced recently, the Revenue ought to have been given some leverage b correct themselves and take the corrective measures and, therefore, the matter remanded to the Assessing Officer to pass a fresh assessment order, after following dee procedure in accordance with law under S. 144B.
Dy. CIT. v. Abacus Real Estate (P)(Ltd (2023) 332 CTR 38 (SC) Editorial: From the judgement of Bombay High Court in Abacus Real Estate (P) Ltd v. Dy.CIT (2021) 133 taxmann.com 277 (Bom)(HC) (WP No. 1221 of 2021 dt. 25-10 2021
S. 144B : Faceless Assessment-Show cause notice with draft assessment order-Order passed by the High Court is modified and the matter is remanded to the AO to pass a fresh assessment order, after following due procedure in accordance with law. [Art. 136, 226]