2025 (6) TMI 1143 - HC - Income Tax

Tax Assessment Order Invalidated: Insufficient Response Time Violates Natural Justice Principles Under Section 147/144B

Ramshankar Mahapatra Versus Central Board of Direct Taxes (CBDT), New Delhi, The Principal Chief Commissioner of Income Tax, Bhubaneswar, The Income Tax Officer, Ward-1, Odisha, The Assessment Unit, Income Tax Department, The National Faceless Assessment, Delhi, The Commissioner of Income Tax-1, Delhi.

SC quashed the assessment order under Section 147/144B of Income Tax Act due to procedural irregularities. The four-day response period for a show cause ... Faceless Assessment u/s 144B - inadequate time was granted to the petitioner to furnish voluminous documents - violation of natural justice - HELD THAT:- The Standard Operating Procedure under the Faceless Assessment provisions of Section 144B of the I.T. Act issued by the Government of India, Ministry of Finance, Central Board of Direct Taxes National Faceless Assessment Centre on 03.08.2022 clearly lays down that in order to afford natural justice and reasonable opportunity to the assessee, seven days’ time from the issue of show cause have been stipulated. Having glanced at show cause notice issued u/s 144 (3), it is apparent that the same was issued on 16.01.2025 with stipulation for submission of reply by 20.01.2025. Therefore, on the face of the record, the time so specified by the Faceless Assessment Unit is not in consonance with the Standard Operative Procedure. The Court, while diligently considering the material available on record, perceives that inadequate time was granted to the petitioner to furnish voluminous documents. Therefore, this Court is inclined to set aside the Assessment Order dated 11.03.2025 passed under Section 147 read with Section 144B of the Income Tax Act and remit the matter to the opposite party no. 4-The Assessment Unit, Income Tax Department, The National Faceless Assessment Centre for fresh adjudication. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered by the Court were:Whether the issuance of the show cause notice under Section 144(3) of the Income Tax Act, 1961, providing only four days for the petitioner to respond by uploading voluminous documents, complied with the principles of natural justice and the procedural safeguards prescribed under the Standard Operating Procedure (SOP) issued by the Central Board of Direct Taxes (CBDT) for faceless assessments under Section 144B of the Income Tax Act.Whether the assessment order dated 11.03.2025 framed under Section 147 read with Section 144B of the Income Tax Act for the assessment year 2017-18 was valid in light of the alleged procedural irregularities and inadequate opportunity granted to the petitioner.The extent of the authority and procedural requirements under Section 144B(6)(xi) empowering the Principal Chief Commissioner or Principal Director General in charge of the National Faceless Assessment Centre to frame standards and procedures for faceless assessments.The applicability and enforcement of the principles of natural justice in faceless assessment proceedings, particularly with respect to reasonable opportunity and timelines for compliance.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Adequacy of Time Granted for Responding to Show Cause Notice under Section 144(3)Relevant legal framework and precedents: The Income Tax Act, 1961, under Section 147, allows reassessment where income has escaped assessment. Section 144B introduces faceless assessment procedures, with Section 144B(6)(xi) empowering the Principal Chief Commissioner or Principal Director General to lay down standards and procedures for the National Faceless Assessment Centre. The Ministry of Finance issued a Standard Operating Procedure dated 03.08.2022 which mandates a response time of seven days from the issuance of the show cause notice, except in exceptional circumstances where it may be curtailed considering assessment timelines.Supreme Court precedents cited include Basudeo Tiwary v. Sido Kanhu University and Nagarjuna Construction Co. Ltd. v. Government of Andhra Pradesh, which underscore the mandatory observance of natural justice principles, especially when statutory powers affect rights.Court's interpretation and reasoning: The Court examined the show cause notice issued on 16.01.2025 requiring the petitioner to respond by 20.01.2025, effectively granting only four days. This was found to be in direct contravention of the SOP which mandates a minimum of seven days for response. The Court emphasized that the short period was insufficient, particularly given the volume of documents to be uploaded and the technical limitations of the faceless portal, such as limited upload space and time-consuming scanning processes.Key evidence and findings: The petitioner's counsel highlighted the procedural violation of the SOP and the practical difficulties faced due to inadequate time and limited portal capacity. The Department contended that the petitioner had sufficient time and opportunity to upload the documents but did not do so.Application of law to facts: The Court found the Department's argument unconvincing in light of the SOP's clear mandate and the petitioner's difficulties. The failure to provide the minimum stipulated time amounted to a breach of natural justice principles.Treatment of competing arguments: While the Department relied on the discretion to fix timelines and the petitioner's alleged failure to upload documents within the given time, the Court prioritized adherence to the SOP and natural justice over administrative convenience.Conclusion: The Court held that the four-day period was inadequate and constituted a violation of natural justice and the SOP guidelines, warranting interference.Issue 2: Validity of the Assessment Order Passed under Section 147 read with Section 144BRelevant legal framework and precedents: Section 147 empowers reassessment where income has escaped assessment. Section 144B prescribes faceless assessment procedures, emphasizing transparency and adherence to procedural safeguards. The SOP issued under Section 144B(6)(xi) is binding on the faceless assessment units.Court's interpretation and reasoning: Given the procedural lapse in granting insufficient time, the Court found the assessment order dated 11.03.2025 to be vitiated by the violation of natural justice. The Court reasoned that the assessment could not stand when the petitioner was denied a reasonable opportunity to present its case and submit evidence.Key evidence and findings: The assessment order was passed despite the petitioner's contention of inadequate opportunity. The Court noted the substantial demand raised (Rs. 1,36,20,813/-), underscoring the importance of fairness in assessment proceedings.Application of law to facts: The Court applied the principle that procedural fairness is integral to valid assessment orders and that failure to comply with SOP and natural justice principles renders the order liable to be set aside.Treatment of competing arguments: The Department's submission that the order was passed after considering available documents was rejected as insufficient to cure the procedural defect.Conclusion: The assessment order was set aside and the matter remitted for fresh adjudication with directions to afford reasonable opportunity to the petitioner.Issue 3: Authority and Procedural Standards under Section 144B(6)(xi)Relevant legal framework: Section 144B(6)(xi) empowers the Principal Chief Commissioner or Principal Director General in charge of the National Faceless Assessment Centre to prescribe standards, procedures, and processes for the Centre's effective functioning, subject to Board approval.Court's interpretation and reasoning: The Court recognized the binding nature of the SOP issued under this provision and underscored its role in ensuring natural justice in faceless assessments.Application of law to facts: The SOP's stipulation of a seven-day response period was held to be a procedural safeguard that must be respected, reinforcing the petitioner's entitlement to reasonable opportunity.Conclusion: The SOP framed under Section 144B(6)(xi) is authoritative and must be complied with to uphold principles of natural justice in faceless assessments.3. SIGNIFICANT HOLDINGS'The time so specified by the Faceless Assessment Unit is not in consonance with the Standard Operative Procedure. Therefore, on the face of the record, there has been flagrant violation of the principles of natural justice.''Violation of natural justice leads to arbitrariness and when right is affected by decision taken by statutory powers, the Court may presume existence of a duty to observe the rules of natural justice.''Inadequate time was granted to the petitioner to furnish voluminous documents. Therefore, this Court is inclined to set aside the Assessment Order dated 11.03.2025 passed under Section 147 read with Section 144B of the Income Tax Act and remit the matter to the opposite party no. 4-The Assessment Unit, Income Tax Department, The National Faceless Assessment Centre for fresh adjudication.'Core principles established include the mandatory observance of natural justice in faceless assessment proceedings, the binding nature of the SOP issued under Section 144B(6)(xi), and the requirement to provide reasonable opportunity and adequate time for compliance with show cause notices.The final determination was to quash the impugned assessment order and remit the matter for fresh assessment, directing the Assessing Authority to afford the petitioner reasonable opportunity to submit documents and present its case in accordance with the SOP and principles of natural justice.