2026 (3) TMI 234

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....T Act"), Mr. Gandhi presses the above Writ Petition only to the extent of challenging the Assessment Order dated 9th June 2021 passed under Section 143(3) read with Section 144B of the IT Act, and the notice of demand dated 9th June 2021 issued under Section 156 of the said Act. The Assessment Year in question is A.Y. 2018-2019. 3. It is the case of the Petitioner that before any final Assessment Order could be passed, under the provisions of Section 144B(1)(xiv), it was mandatory for the Assessing Officer to first pass a draft Assessment Order. Once the draft Assessment Order was passed, under the provisions of Section 144B(1)(xvi), if any variation was proposed in the draft Assessment Order which was prejudicial to the Assessee, a noti....

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....on (3) of Section 143 or under Section 144, in cases referred to in sub-section (2), shall be made in a faceless manner as per the procedure set out under the said sub-section. 7. Section 144B(1)(xiv) categorically mandated that the assessment unit shall, after taking into account all the relevant material available on record, make in writing a draft Assessment Order inter alia either accepting the income or sum payable by, or sum refundable to the Assessee, as per his return or make a variation to the said income or sum, and send a copy of the said order to the National Faceless Assessment Centre. 8. Section 144B(1)(xvi) mandated that the National Faceless Assessment Centre would examine the draft Assessment Order in accordance with ....

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....essment unit shall, while making draft assessment order, provide details of the penalty proceedings to be initiated therein, if any; (xvi) the National Faceless Assessment Centre shall examine the draft assessment order in accordance with the risk management strategy specified by the Board, including by way of an automated examination tool, whereupon it may decide to- (a) finalise the assessment, in case no variation prejudicial to the interest of assessee is proposed, as per the draft assessment order and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, along with the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of....