Assessee challenged amendment brought by Finance Act, 2022 omitting sub-section (9) of section 144B on ground that it was bad in law as it had been given retrospective operation, which seeks to take away vested rights of taxpayer. High Court held that section 144B being a procedural statute, no right much less substantive right can be said to have been conferred by sub-section (9) of section 144B upon taxpayer which provided for proceeding of assessment being non-est if not made in accordance with procedure laid down under section 144B. The amendment is held to be valid. The matter remanded to the Assessing Officer. SLP of Revenue is dismissed. (AY. 2013-14)
Sapna Flour Mills Ltd. v. UOI (2023) 295 Taxman 119 (SC) Editorial: Sapna Flour Mills Ltd. v. UOI (2023) 451 ITR 521/ 332 CTR 361/ 225 DTR 13/ (2022) 145 taxmann.com 557 / (All)(HC)
S. 144B : Faceless assessment-Amendment by Finance Act of 2022 — Does not curtail benefits to the assessee — Amendment valid-Natural justice-Opportunity of the hearing was not granted-Reassessment was not valid-Order was set aside-SLP of assessee is dismissed. [S. 144B(7), 144B(9), Art. 136]