Held, that there was violation of principles of natural justice and mandatory procedure prescribed under the “Faceless Assessment Scheme” since no prior show-cause notice and draft assessment order had been issued as stipulated in section 144B. The assessment order passed under section 147 read with sections 144 and 144B, the demand notice issued under section 156 and the penalty proceedings initiated under section 271(1)(c) were set aside. The matter was remanded back to the Assessing Officer, who should issue a show-cause notice-cum-draft assessment order to the assessee and thereafter pass a reasoned order in accordance with law. (AY.2015-16)
Jindal Realty Ltd. v. NFAC (2022) 447 ITR 302 (Delhi)(HC)
S. 144B : Faceless Assessment-Assessment order passed without issuing notice-cum-draft assessment order-Violation of principles of natural justice-Alternate remedy not a bar to writ remedy-Assessment order and consequent demand notice and penalty proceedings set aside-Matter remanded to Assessing Officer. [144, 144B, 147, 156, 271(1)(c), Art. 226]