2021 (9) TMI 663

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....he Assessment Year 2018-19 in the case of the Petitioner. 3. Learned counsel for the Petitioner states that the impugned assessment order has been passed without affording the petitioner due opportunity of being heard despite the Petitioner seeking a personal hearing. 4. He also states that a show cause notice dated 06th April, 2021 was issued to the Petitioner stating as to why the addition of Rs. 7,98,32,462/- pertaining to credit notes and of Rs. 5,32,00,000/- pertaining to interest on debentures should not be made in the ongoing assessment proceedings. He states that since the Petitioner was given time to reply to the said notice by 23:59 hours of 10th April, 2021, an adjournment was sought as the concerned Chartered Accountant ha....

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....for a personal hearing. The relevant portion of Sections 144B (7) and 144B(9) are reproduced hereinbelow:- "144B. Faceless assessment - (1) xxx xxx xxx (7) For the purposes of faceless assessment- xxx xxx xxx (vii) in a case where a variation is proposed in the draft assessment order or final draft assessment order or revised draft assessment order, and an opportunity is provided to the assessee by serving a notice calling upon him to show-cause as to why the assessment should not be completed as per the such draft or final draft or revised draft assessment order, the assessee or his authorised representative, as the case may be, may request for personal hearing so as to make his oral submissions....

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....edecessor 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. A careful perusal of clause (vii) of Section 144B (7) would show that liberty has been given to the assessee, if his/her income is varied, to seek a personal hearing in the matter. Therefore, the usage of the word 'may', to our minds, cannot absolve the respondent/revenue from the obligation cast upon it, to consider the request made for grant of personal hearing. Besides this, under sub-clause (h) of Section 144B (7)(xii) read with Section 144B (7) (viii), the respondent/revenue has been given the power to frame standards, procedures and processes for approv....