2026 (10) TMI 193

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....ection 143(3) read with Section 144B of the Income Tax Act, 1961 (for short 'the IT Act') dated 10th February 2026, the notice of demand under Section 156 of the IT Act dated 10th February 2026, and the show cause notices for levy of penalty all dated 10th February 2026, for Assessment Year 2024-25, whereby the total income of the Petitioner was assessed at Rs.1,48,09,088/- and a demand of Rs.1,09,51,550/- was raised. 3. The short ground on which the challenge has been laid to the Assessment Order and the consequential notices is that the same has been passed in gross violation of the principles of natural justice and in violation of the provisions of Section 144B of the IT Act read with the Standard Operating Procedures (for short "SOP"....

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....n should not be entertained. 5. We have heard the learned Counsel for the parties and perused the record. 6. Section 144B(6)(Viii) clearly stipulates that before passing an Assessment Order, a personal hearing has to be granted if specifically asked for by the Assessee. In the present case, no such personal hearing was granted, though specifically requested. Therefore, we are satisfied that the present Petition would require interference on this ground alone. 7. There is yet another reason why the Assessment Order is unsustainable. As mentioned earlier, the time provided to respond to the final show cause notice is less than 7 days as prescribed in the SOP issued by the NFAC. This, itself, demonstrates a gross violation of principl....

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..... The Petitioner, if he wants to file any further reply, can do so within 2 weeks thereafter. The Petitioner, thereafter, shall be issued a notice of personal hearing granting at least 5 working days' time to the Petitioner to appear before the Assessing Officer. If the Assessing Officer wants to rely upon any decision or any other material, he shall put the same to the Petitioner before passing the Assessment Order. The Assessment Order so passed shall be a reasoned order dealing with all the contentions raised by the Petitioner. The above process of completing the assessment shall be done within a period of 16 weeks from the date of uploading of the present order on the High Court website. 10. The Petitioner undertakes to file a copy o....