Assessee filed writ petition challenging assessment order passed under section 143(2) and contended that impugned assessment order was passed in violation of section 144B(7)(vii) on the ground that request for personal hearing by way of reply/objection to show cause notice and draft assessment order but request for personal hearing was declined. Allowing the petition the Court held that requirement of giving an assessee a reasonable opportunity of personal hearing is mandatory and when an assessee has a vested right to personal hearing, same has to be given, if assessee asks for it. Order was quashed. Matter remanded. Followed Bharat Aluminium Co. Ltd. v. UOI (2022) 442 ITR 101 (Delhi)(HC). (AY. 2018-19)
Vikas Singhal v. NFA (2022 289 Taxman 243 (Delhi) (HC)
S. 144B : Faceless Assessment-Personal hearing request was rejected-Order was quashed and set aside-Matter remanded back to Assessing Officer for a fresh decision. [S. 143(3),144B(7)(vii), Art. 226]