Assessee had sought an opportunity of a personal hearing from the AO. The AO informed the Assessee that there is no provision for a physical hearing and the Assessee was apprised of the process of video conferencing for the purpose of the hearing. The Assessee still insisted on a physical hearing. The AO passed the assessment order along with notice of demand and penalty notice without giving any opportunity of a physical hearing. The Assessee filed a writ petition against such assessment orders and notices. The High Court observed that though S. 144B(7)(vii) requires the opportunity of a personal hearing to be provided, it does not postulate that a hearing should be “physical”. The request for a physical hearing by the Assessee is misconceived as a method for the opportunity of hearing was well advised to the Assessee, however, he did not opt for the same. Accordingly, the writ petition was dismissed.(AY. 2014 -15 )
Gurumukh Ahuja v. NFAC (2022) 214 DTR 65 / 326 CTR 772 / 142 taxmann.com 275 (MP) (HC)
. 144B : Faceless Assessment – Opportunity of hearing – Physical hearing not mandatory Assessee did not opt for virtual hearing even after being advised to do so – Assessment order cannot be challenged [ S. 144B(7), Art , 226 ]