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2021 Supreme(Del) 418

MANMOHAN, NAVIN CHAWLA
Interglobe Enterprises Private Limited – Appellant
Versus
National Faceless Assessment Centre Delhi (Earlier National E-Assessment Centre Delhi) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rohit Jain, Advocate with Mr. Aniket D. Agrawal, Advocate.
For the Respondent:Mr. Ajit Sharma, Advocate.

JUDGMENT :

Manmohan, J.

1. The petition has been heard by way of video conferencing.

2. Present writ petition has been filed challenging the assessment order under Section 143(3) read with Section 143(3A) and 143(3B) dated 09th April, 2021 and the accompanying notice of demand under Section 156 of the Income Tax Act, 1961 (for short ‘Act’) in the case of the petitioner for Assessment Year [AY] 2018-19 passed by the Respondent.

3. Learned counsel for the Petitioner states that the impugned order and the accompanying notice issued by the Respondents are patently illegal, bad in law, passed without application of mind and against the principles of natural justice. Learned counsel for petitioner submits that the impugned assessment order has been finalized without issuing prior notice as well as draft assessment order and without affording an opportunity of being heard to the petitioner as well as without providing an opportunity to the petitioner to file its objections.

4. Per contra, learned counsel for the respondent states that the present writ petition is not maintainable as the petitioner has an alternative effective remedy by filing an appeal.

5. Having heard learned counsel for the p

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