Income Tax Assessment Order Challenged, Appeal Permitted: Petitioner Granted 15 Days to Appeal with Delay Condonation Application.

The HC disposed of the writ petition challenging the assessment order under the Income Tax Act, 1961, due to procedural issues. The petitioner was granted liberty to file an appeal within 15 days, accompanied by an application for condonation of delay. The appellate authority was directed to resolve the appeal within six weeks, considering the petitioner's response. No costs were awarded, and parties were instructed to comply with formalities to obtain a certified copy of the order.

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Issues involved: Challenge to assessment order u/s 143(3) of the Income Tax Act, 1961 and violation of principles of natural justice.

Summary:
The petitioner filed a writ petition challenging the assessment order dated 25th March 2024 passed u/s 143(3) of the Income Tax Act, 1961, along with Section 144B. The petitioner had received notices u/s 143(2) on 2nd June 2023, and u/s 142(1) on 2nd November 2023 and 14th December 2023. The faceless assessment unit issued a show cause on 11th March 2024, allowing the petitioner to respond by 18th March 2024. Despite seeking an adjournment on 18th March 2024, the petitioner was granted until 22nd March 2024 to respond. However, technical issues prevented the petitioner from uploading the response until 22nd March 2024. The petitioner claimed that the response was forwarded to the assessment unit on 26th March 2024, after the assessment order had been uploaded, thus denying the petitioner the opportunity to respond to proposed variations.

The respondent argued that the assessment order was appealable, and the writ petition was filed beyond the 30-day limit for appeals. They contended that no explanation was provided for the delay in filing the petition or the prejudice suffered by the petitioner due to non-consideration of the response. The respondent also highlighted that the purported response filed with the samadhan portal was not disclosed. The respondent urged for the dismissal of the writ petition.

The Court noted that the petitioner was aware of the impending deadline for proceedings to conclude by 31st March 2024. Despite the extension granted, the petitioner failed to file the response within office hours on 22nd March 2024. The Court found that the petitioner did not demonstrate the prejudice caused by the assessing officer's non-consideration of the response. While acknowledging the appealable nature of the order, the Court granted the petitioner liberty to file an appeal within 15 days from the date, along with an application for condonation of delay. The appellate authority was directed to dispose of the appeal within 6 weeks, considering the petitioner's response and grounds raised.

The writ petition was disposed of with directions for the petitioner to pursue the appeal route within the specified timeline. No costs were awarded, and parties were instructed to comply with necessary formalities for obtaining a certified copy of the order.

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