IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SUSHRUT ARVIND DHARMADHIKARI, J
MOOZHIYIL MOHAMMADALI – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioner's factual background and relief requests (Para 2 , 3) |
| 2. arguments regarding violation of natural justice (Para 4 , 5 , 6) |
| 3. introduction of faceless assessment procedures (Para 8 , 9) |
| 4. procedural importance of personal hearing under section 144b (Para 10) |
| 5. judicial discretion in cases of natural justice violations (Para 11 , 12) |
JUDGMENT
The present writ petition, filed under Article 226 of the Constitution of India, seeks the following reliefs:
“i) To declare that the Faceless Assessment Scheme, section 144B of the Income Tax Act and the procedures adopted for completing the Faceless assessment is ultravires the constitution and against the principles of natural justice;
ii) To call for the records leading to the issuance of Exhibit P-15 assessment order passed by the 4th respondent for the AY 2017-18 and to quash the same by issuing a writ of certiorari;
iii) To issue a writ of mandamus directing the respondents not to enforce Exhibit P-15 assessment order passed by the 4th respondent for the AY 2017-18; And
iv) To issue such other appropriate writ, order or directions as this Hon'ble Court may deem just and proper to issue in the facts and circumstances
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