Petitioner challenged assessment order passed under section 144 along with notice of demand issued under section 156 and penalty proceedings initiated under section 270A of the Act . Allowing the petition the Court held that the assessment order passed by revenue was an exact reproduction of draft assessment order without considering replies filed by petitioner and petitioner’s request for personal hearing . The Court held that the assessment order was passed without application of mind and was not in accordance with procedure laid down under section 144B(9) of the Act . The Court also observed that , if such orders are continued to be passed, substantial costs will be imposed on concerned Assessing Officer which would be recovered from his/her salary and also department is to be directed to place such judicial orders in career records of such Assessing Officer. (AY. 2018-19)
Mantra Industries Ltd v. NFAC (2021) 283 Taxman 459/ 323 CTR 249/ 207 DTR 161/ ( 2022) 441 ITR 467 (Bom.) (HC).Editorial: Notice issue in SLP filed by Revenue , NFAC v . Mantra Ind. Ltd. (2022) 287 Taxman 219/114 CCH 252 (SC)/ NFAC v. Mantra Industries Ltd. (2023)453 ITR 239 (SC), matter reamnded, observation of the High Court was expunged .
S. 144B : Faceless Assessment – Violation of principle of natural justice -Order was not passed in accordance with procedure laid down under section 144B(9) Act – Order was set aside- Court also observed that such orders are continued to be passed, substantial costs will be imposed on concerned Assessing Officer which would be recovered from his/her salary and also department is to be directed to place such judicial orders in career records of such Assessing Officer [ S. 144B(9) , 156 270A, Art , 226 ]