This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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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)) ]
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 – 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) ]
Renew Power (P) Ltd. v. National E-Assessment Centre Delhi (2021) 281 Taxman 240 (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 ]
RMSI (P) LTD. v. National E-Assessment Centre (2021)436 ITR 612/ 281 Taxman 571 (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 ]
RKKR Foundation v. National Faceless Assessment Centre (2021) 281 Taxman 604 (Delhi) ( HC)
S. 144B : Faceless Assessment – Natural justice -Without jurisdiction – Order was kept in abeyance – Notice was issued to the revenue [ Art. 226 ]
Praful M. Shah v. National Faceless Assessment (2021) 281 Taxman 244 (Bom.) ( 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 ]
Naresh Kumar Goyal v. National Faceless Assessment Centre (2021) 281 Taxman 577 (Delhi.) ( 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 ]
Nandakumar T.G. v. ITO (2021) 281 Taxman 259 (Ker.) ( 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 ]
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 – Adjournment request was not considered – Order was passed before the expiry of time given in show cause notice Show cause notice – cum -draft assessment order was set aside .[ S.143(3), Art. 226 ]
Blue Square Infrastructure LLP v. National Faceless Assessment Centre Delhi (2021) 436 ITR 118/ 202 DTR 113/ 281 Taxman 233 (Delhi.) (HC )
S. 144B : Faceless Assessment – Natural justice – Order passed without issuing a show cause notice -cum draft assessment order- Mandatory requirement – Order was set aside.[ S. 143(3), 144B(7) (vii), 156 , 270A , Art. 226 ]
Bhabani Pigments (P) Ltd v. National Faceless Assessment Centre Delhi (2021) 281 Taxman 224 (Delhi.) ( HC)