SAMIR SARAN vs. NATIONAL FACELESS ASSESSMENT CENTRE & ANR.
What did the High Court hold?
The Delhi High Court held that the assessment order dated December 29, 2022, passed under Section 143(3) read with Section 144B of the Income Tax Act, 1961, was set aside. The Court found that the grant of a personal hearing is a mandatory requirement under Section 144B(6)(vii) of the Act, and it appeared that this was not granted to the petitioner before the impugned order was passed. The Court reasoned that procedural fairness, including the opportunity to be heard, is crucial in assessment proceedings. Consequently, the Assessing Officer was directed to frame a fresh assessment order after providing the petitioner an opportunity to be heard in person. This would involve issuing a notice with a date, time, and a hyperlink for video conferencing. The entire exercise was to be completed within twelve weeks from the date of receiving the judgment. The Court explicitly stated that the merits of the assessment were not examined.
What were the facts?
The petitioner, Samir Saran, filed a writ petition challenging an assessment order dated December 29, 2022, passed under Section 143(3) read with Section 144B of the Income Tax Act, 1961, for Assessment Year 2021-22. The petitioner also challenged a consequential notice of demand under Section 156 and related proceedings. A show cause notice proposing an upward variation in income was served on December 20, 2022, to which the petitioner replied on December 22, 2022, also requesting a personal hearing. The assessment order was passed without granting this personal hearing.
What were the issues?
1. Whether the assessment order dated December 29, 2022, passed under Section 143(3) read with Section 144B of the Income Tax Act, 1961, is vitiated due to the non-grant of a personal hearing to the assessee, which is a mandatory requirement under Section 144B(6)(vii) of the Act? Assessee's Contention: The assessee argued that the assessment order was passed in violation of mandatory procedural requirements, specifically the failure to grant a personal hearing as stipulated in Section 144B(6)(vii) of the Act, despite a specific request for it. Revenue's Contention: The revenue, through its counsel, accepted notice and agreed to the disposal of the writ petition without filing a counter-affidavit, implying no objection to the proposed directions.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 144B,Section 144B(6)(vii),Section 156
AI-generated summary — verify with the full judgment below
NEUTRAL CITATION NO : 2023/DHC/000999
W.P.(C)No.801/2023 Page 1 of 3
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI %
Date of decision: 23.01.2023
+ W.P.(C) 801/2023
SAMIR SARAN
..... Petitioner
Through: Mr Upvan Gupta, Advocate.
versus
NATIONAL FACELESS ASSESSMENT CENTRE & ANR.
..... Respondents Through: Mr Sunil Agarwal, Sr. Standing
Counsel.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MS JUSTICE TARA VITASTA GANJU [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J.: (ORAL) CM APPL. 3109/2023 1. Allowed, subject to just exceptions. W.P.(C) 801/2023 2. Issue notice. 2.1 Mr Sunil Agarwal accepts notice on behalf of the respondents/revenue. 3. In view of the directions that we propose to pass, Mr Agarwal says that counter-affidavit is not required to be filed. Therefore, with the consent of the counsels for the parties, the writ petition is taken up for final hearing and disposal, at this stage itself. 4. This writ petition is directed against assessment order dated Digitally Signed By:ATUL JAIN Signing Date:13.02.2023 17:45:03 Signature Not Verified
NEUTRAL CITATION NO : 2023/DHC/000999
W.P.(C)No.801/2023 Page 2 of 3
29.12.2022 passed under Section 143(3), read with Section 144B of the Income Tax Act, 1961 [in short, “the Act”] concerning Assessment Year (AY) 2021–22. 4.1 Besides this, challenge is also being laid to the notice of demand of even date i.e., 29.12.2022, issued under Section 156 of the Act and the consequential proceedings initiated under the Act. 5. The record, as made available to the court, shows that a show cause notice dated 20.12.2022 was served on the petitioner/assessee proposing an upward variation in income chargeable to tax. 5.1. The record also shows that the petitioner/assessee had filed a reply dated 22.12.2022, wherein, inter alia, apart from his defence on merits, he had also sought a personal hearing in the matter. 6. It appears that personal hearing was not granted to the petitioner/assessee before passing the impugned assessment order. Undoubtedly, grant of personal hearing is a mandatory requirement under Section 144B(6)(vii) of the Act. 7. In these circumstances, the impugned assessment order dated 29.12.2022 is set aside. Liberty is, however, given to the Assessing Officer (AO) to frame a fresh assessment order, albeit, after giving an opportunity to the petitioner/assessee of being heard in person. 7.1 To achieve this, the AO will issue a notice to the petitioner. The notice will set forth the date and time of the hearing and also provide a hyperlink to the petitioner to enable him to join the proceedings via video conferencing. 7.2 The aforesaid exercise will be completed at the earliest, though, not later than twelve weeks from the date of receipt of a copy of the instant Digitally Signed By:ATUL JAIN Signing Date:13.02.2023 17:45:03 Signature Not Verified
NEUTRAL CITATION NO : 2023/DHC/000999
W.P.(C)No.801/2023 Page 3 of 3
judgment. 8. The writ petition is disposed of in the aforesaid terms. 9. We may indicate that we have not examined the matter on merits and therefore, the order passed today will not impact the assessment proceedings on merits. 10. Parties will act, based on the digitally signed copies of the order.
RAJIV SHAKDHER, J
TARA VITASTA GANJU, J
JANUARY 23, 2023 / tr
Click here to check corrigendum, if any
Digitally Signed By:ATUL JAIN Signing Date:13.02.2023 17:45:03 Signature Not Verified
More judgments on Section 144B
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Mohammed Javed Bhati, Sikar vs Income Tax Officer, Ward 1, SikarITA 994/JPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2124/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Subrat Kumar Samal vs. The Commissioner, CGST, Cx And Customs, BhubaneswarOrissa · 3 Nov 2026
- Laxmipriya Biswal vs. Assistant Commissioner Of State Tax,BhubaneswarOrissa · 3 Nov 2026
- M/S Shree Jagannath Engineering,Angul vs. Assistant Commissioner, Angul Division ,AngulOrissa · 3 Nov 2026
- M/S. Archana Agro, Nayagarh vs. The Chief Commissioner Of Commercial Taxes And Goods And Services Tax, CuttackOrissa · 3 Nov 2026
- M/S.Shree Jagannath Associates, Angul vs. The Chief Commissioner Of Commercial Taxes And Goods And Services Tax, CuttackOrissa · 3 Nov 2026