PANKAJ Vs. NATIONAL E-ASSESSMENT CENTRE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned counsel for the parties in view of notice for final disposal issued earlier.

(2.) The challenge raised in this writ petition filed under Article 226 of the Constitution of India is to the assessment order dtd. 14/5/2021 pursuant to the scrutiny assessment under E-Assessment Scheme-2019. The said order has been passed under Sec. 143(3) read with Sec. 144-B of the Income Tax Act, 1961 (for short, 'the said Act') by which the income of the assessee stands assessed. Consequent there upon a demand notice has also been issued on the same day in terms of the aforesaid order.

(3.) The principal ground of challenge as raised to the assessment order is based on the breach and non-compliance of the principles of natural justice inasmuch as there was no proper and sufficient opportunity granted to the petitioner to respond to the show cause notice issued in that regard by the respondent no.1. On 10/4/2021 the respondent no.1 issued a show cause notice to the petitioner seeking his response as to why assessment should not be completed as per the draft assessment order. The petitioner was called upon to respond to the said show cause notice by 4.00 p.m. of 13/4/2021 which is within a period of three days from the receipt of that notice. The petitioner was informed that he could request for grant of personal hearing which request if granted would be conducted through video conferencing. In response thereto, the petitioner on 12/4/2021 made a request for adjournment on medical grounds and prayed that such adjournment be granted till 21/4/2021. The petitioner also indicated on the same day that the matter would require explanation due to complexity of facts and hence requested for personal hearing through video conference. It is the further case of the petitioner that on 21/4/2021 a detailed reply to the show cause notice was submitted by the petitioner. The respondent no.1 however on 14/5/2021 issued the assessment order in question but without considering the reply as furnished by the petitioner. This aspect is sought to be indicated by referring to the contents of paragraph 5 of the assessment order wherein it was stated that the assessee had not submitted any proper explanation till 20/4/2021. On this basis, it is submitted by the learned counsel for the petitioner that though the petitioner responded to the show cause notice on 21/4/2021 and assessment order was passed much later on 14/5/2021, the petitioner's explanation has not been taken into consideration. This has resulted in denial of proper opportunity to the petitioner and failure to take into consideration his response to the show cause notice. In other words, despite seeking adjournment on 12/4/2021 till 21/4/2021 and thereafter filing reply on 21/4/2021, the same has not been considered by the respondent no.1 while issuing the assessment order. On this count, it is submitted that the assessment order is liable to be set aside.