9911796707
TMI Blog2022 (1) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer had, after calling for the objections of the assessee, decided to modify the return submitted by the assessee. By virtue of modification contemplated by the National assessment Centre the provisions of Clause 5(xvi)(b) of the Scheme gets automatically attracted thereby entitling the assessee to be served with a notice calling upon him to show-cause, as to why the assessment should not be completed as per the draft assessment order. On a perusal of the assessment order, thus find that, the assessee was never served with a draft assessment order or the show-cause notice while proposing to modify the return submitted by the petitioner. There is a clear violation of the procedure involved in arriving at the assessment order. The respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment 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 the Faceless Assessment Scheme, (hereinafter referred to as the Scheme). 3. As per the procedure for assessment provided under Clause 5 of the Scheme, after an intimation is given that the assessment will be completed as per the Scheme, a requisition is required to be issued for obtaining information. Thereafter, a draft assessment order ought to be prepared by the assessing unit which will be send it to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 not cause prejudice to the assessee. However, if even after response from the assessee, a modification, to the prejudice of the assessee is proposed then, one more opportunity ought to be granted by serving another notice to the assessee and based upon that response finalize the draft assessment order. The aforesaid procedure is dealt with in clause 5(xxii) and (xxv) which are extracted belo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essed 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 information on 03/10/2019, 18/01/2021, 12/03/2021 and 21/3/2021 and thereafter the assessment proceedings were completed on 31/03/2021 adding an amount of ₹ 12,09,42,393/- to the total income. 8. I have considered the rival contentions, raised by the learned Senior Counsel Sri. Joseph Markos duly instructed by Sri. Alexander Joseph Markos as well as the learned Standing Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
