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of <h1>Stay Granted on Assessment Order Due to Lack of Show-Cause Notice; Emphasizing Natural Justice Principles.</h1> <h3>M/s SAS FININVEST LLP Versus NATIONAL E-ASSESSMENT CENTRE INCOME TAX DEPARTMENT NEW DELHI</h3> M/s SAS FININVEST LLP Versus NATIONAL E-ASSESSMENT CENTRE INCOME TAX DEPARTMENT NEW DELHI - TMI Issues:1. Stay on the operation of the impugned assessment order dated 31.03.2021 under Faceless Assessment Scheme, 2019.2. Lack of issuance of a show-cause notice to the petitioner-assessee before passing the assessment order.Analysis:1. The petitioner sought a stay on the operation of the assessment order dated 31.03.2021 under the Faceless Assessment Scheme, 2019. Mr. Kapil Goel, representing the petitioner, argued that the issue in this case is similar to a previous case, KL Trading Corporation vs. National E-Assessment Centre, Delhi & Anr. He highlighted that the assessment was conducted under the Faceless Assessment Scheme, which required the revenue to issue a show-cause notice before passing the assessment order. The petitioner claimed that no such notice was issued, as evidenced by the assessment proceedings on the e-portal and Central Board of Direct Taxes instruction no. 20/2015.2. The petitioner's counsel, Mr. Goel, emphasized the importance of natural justice and fair opportunity for the assessee to explain their position on proposed additions or disallowances. He pointed out that the Assessing Officer should issue a show-cause notice indicating reasons for proposed additions/disallowances before passing the final order. Mr. Ruchir Bhatia, representing the revenue, accepted service on behalf of the respondent. Due to Mr. Sharma's unavailability, the counter-affidavit was to be filed within four weeks, with a rejoinder before the next hearing on 10.08.2021. A stay was ordered on the operation of the assessment order dated 31.03.2021 until further proceedings.
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