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2022 Supreme(Del) 4

MANMOHAN, NAVIN CHAWLA
Bharat Aluminium Company Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Arvind Datar, Senior Advocate with Mr. Gopal Mundhra.
For the Respondent: Mr. Gigi C. George, Mr. Sanjay Kumar.

JUDGMENT :

Manmohan, J.

1. Present writ petition has been filed by the petitioner challenging the action of respondent No.3 in passing the impugned final assessment order dated 27th November, 2021 under Section 143(3) of the Income Tax Act, 1961 [for short ‘the Act’] and the impugned notice dated 27th November, 2021 under Section 156 of the Act for Assessment Year 2018-19.

ARGUMENTS ON BEHALF OF THE PETITIONER

2. Mr. Arvind Datar, learned senior counsel for the petitioner stated that the impugned orders have been passed arbitrarily, without following the principles of natural justice and in gross violation of the scheme of faceless assessment under Section 144B of the Act, inasmuch as even after the ‘Nil’ or ‘Null’ variation proposed in the show cause notice, additions had been made to the assessed income in the draft assessment order as well as in the impugned final assessment order.

3. He contended that respondent No.3 in the draft assessment order as well as in the impugned final assessment order had proceeded to make additions to the assessed income on the false premise that the petitioner had not furnished relevant details / information in response to the statutory notice dated 19t

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