Assessment order quashed for violating natural justice principles under sections 143(3) and 144B without proper hearing opportunity

The Gujarat HC quashed an assessment order passed under sections 143(3) and 144B for assessment year 2018-19, finding gross violation of natural justice principles. The court held that the assessing officer failed to issue a show cause notice and provide opportunity for personal hearing while framing the faceless assessment, violating prescribed procedures under section 144B. The assessment order under section 147 read with section 144B and the corresponding demand notice under section 156 were set aside due to procedural non-compliance.

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Issues Involved:
1. Violation of principles of natural justice.
2. Issuance of show cause notice and opportunity for personal hearing.
3. Compliance with Section 144B of the Income Tax Act, 1961.

Summary:

1. Violation of Principles of Natural Justice:
The petitioner argued that the impugned assessment order dated 28.09.2021 was passed in gross violation of the "principles of natural justice" as no show cause notice was issued before making the addition u/s 68 of the Income Tax Act, 1961. The petitioner highlighted that the principles of natural justice must be adhered to in every case to prevent miscarriage of justice.

2. Issuance of Show Cause Notice and Opportunity for Personal Hearing:
The petitioner contended that a show cause notice and an opportunity for personal hearing are necessary before passing any adverse order. The respondent, however, argued that a show cause notice incorporating the draft assessment order was issued, and the petitioner was allowed to present their case through video conference. Despite this, the petitioner claimed that the final assessment was made without issuing a show cause notice for the addition made u/s 68.

3. Compliance with Section 144B of the Income Tax Act, 1961:
The court examined whether the assessment procedure under Section 144B was followed. It was found that no draft assessment along with a show cause notice was given to the petitioner, violating the prescribed procedure for faceless assessment. The court referenced a Division Bench ruling that emphasized the necessity of following the detailed procedure outlined in Section 144B, including providing an opportunity for personal hearing through video conferencing.

Conclusion:
The court concluded that the impugned order was passed in violation of the principles of natural justice and without following the prescribed procedure under Section 144B. Consequently, the assessment order dated 28.09.2021 and the demand notice for the assessment year 2018-19 were quashed and set aside. The respondent was directed to proceed with the assessment afresh, ensuring compliance with Section 144B by issuing a show cause notice-cum-draft assessment order and providing an opportunity for hearing. This exercise must be completed within 12 weeks from the date of receipt of the court's order. The court clarified that it did not examine the merits of the case.

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