Shivani Gadhavi –
Published On: November 03, 2021 at 18:08 IST
The Bombay High Court passed an Order of disposal of the Petition in the case of ‘Mantra Industries Limited v. National Faceless Assessment Centre (NFAC or NeAC) and Ors’. The Court in the order has warned the Assessing Officers of the Centre, that if they do not comply with any assessee and continue to pass orders without proper perusal, “The Court will be constrained to impose substantial costs on the concerned Assessing Officer”.
The Bench comprising of Justice Amit B. Borkar and Justice K.R. Shriram set aside the impugned assessment order dated 8th June 2021 passed by the Respondents for initiating penalty proceedings against the Petitioner, saying that the order passed was ‘non-est’ according to Sub Section 9 of Section 144B of the Income Tax Act.
The Petitioner said that the order was passed without the consideration of the Petitioner’s request for adjournment, personal hearing and reply/objection filed in response to the show-cause notice. The petitioner had received a notice on April 22, 2021. In this notice, the Petitioner was advised that they may request a personal hearing, which was not considered later on by the concerning AO in the order passed on June 8, 2021.
The Bombay High Court told Mr Akhileshwar Sharma, the Advocate for the Respondents, to inform everybody about this Order, from the Revenue Secretary to every person in the Finance Ministry, to be cautious about filing any Order which has not been well perused, as anyone who does so would have to face substantial costs.
Click here to read/Download the Order
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