2021 (7) TMI 918

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....ril 2021. Petitioner also seeks directions to restrain the Respondent from giving effect to the impugned assessment orders and notices. 3. Learned counsel for the Petitioner states that vide show cause notice-cum-draft assessment order dated 23rd April 2021 respondent set the date of compliance as 26th April, 2021 with a proposal to vary the declared income by making substantial additions on account of unsecured loans of 33 lenders. He states that Petitioner filed objections against the show cause notice within the short time allowed and requested for grant of personal hearing in terms of Section 144B(7)(vii) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') to demonstrate the material not considered in show cause notice....

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.... respondent and waives the right to file counter affidavit. 8. He states that the present writ petition is not maintainable as the petitioner had already availed of an alternative effective remedy by filing an appeal. 9. Having heard learned counsel for the parties, this Court is of the view that Section 144B (7) provides for a personal hearing. The relevant portion of Section 144B (7) and Section 144B (9) are reproduced hereinbelow: - "144B. Faceless assessment - (1) xxxx    xxxx  xxxx  xxxx (7) For the purposes of faceless assessment- xxxx    xxxx  xxxx  xxxx (vii) in a case where a variation is proposed in the draft assessment order or fi....

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....ng referred to clause (viii) shall be approved;.... xxxx    xxxx  xxxx  xxxx (9) Notwithstanding anything contained in any other provision of this Act, assessment made under sub-section (3) of section 143 or under section 144 in the cases referred to in subsection (2) [other than the cases transferred under sub-section (8)], on or after the 1st day of April, 2021, shall be non est if such assessment is not made in accordance with the procedure laid down under this section." (emphasis supplied) 10. The learned Predecessor Division Bench in Sanjay Aggarwal v. National Faceless Assessment Centre Delhi in W.P. (C) 5741/2021, while interpreting aforesaid Section has held as under: - "11.4....