9911796707
TMI Blog2022 (1) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... RAVINDRANATHA MENON (SR.) JOSE JOSEPH, SC, FOR INCOME TAX JUDGMENT Petitioner is challenging Ext.P7 order of assessment issued under the Income Tax Act 1961, (for short the Act) for the assessment year 2018-19. 2. By Ext.P8 notification dated 12/09/2019 issued in exercise of the powers under Section 143(3A), of the Act, the Ministry of Finance had created a system of electronic assessment known as the E-assessment Scheme 2019. The aforesaid Scheme was subsequently renamed and modified, by notification dated 13/08/2020 as the "Faceless Assessment Scheme", which has now transformed into Section 144B of the Act with effect from 1/04/2021. Since the impugned assessment order is dated 31.03.2021, the assessment was purportedly carried under t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment 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 such assessment; or (b) provide an opportunity to the assessee, in case a modification is proposed, by serving a notice calling upon him to showcause as to why the assessment should not be completed as per the draft assessment order; or" 5. Under the Scheme, once a show cause notice is issued under clause 5(xvi)(b), then, as per clause (xxii), the National e-assessment Centre will have to finalize the draft assessment through two modes. The first mode is to finalize the proposed assessment if it does no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clause 5(xvi)(b) of the Scheme and hence, according to the petitioner, the assessment order itself is bad in law. 7. A statement has been filed on behalf of respondents, pointing out that the assessee had e-filed its original return for 2018-19 on 31/10/2018 and on finding inconsistencies in the return, a communication was sent on 23/03/2019. Thereafter the return was processed and after selecting the case for scrutiny, assessment was carried out under the scheme. Respondents further stated that a notice dated 22/09/2019 was issued under Section 143(2) and thereafter a notice under Section 142(1) dated 19/11/2020 was issued apart from letters dated 19/02/2021 and 15/03/2021. Respondents pleaded that in response, assessee furnished informat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
