SC stays HC’s order declaring assessment order non-est in view of repeal of Sec. 144B(9) by FA 2022

Case Details: National Faceless Assessment Centre v. Mantra Industries Ltd. - [2022] 137 taxmann.com 210 (SC)

Judiciary and Counsel Details

• • M.R. Shah and Mrs. B.V. Nagarathna, JJ.
  • Balbir Singh, ASG Raj Bahadur Yadav, AOR Ms. Gargi Khanna, Ms. Praveena Gautam, Shyam Gopal and Ms. Chinmayee Chandra, Advs. for the Appellant.

Facts of the Case

The Supreme Court of India has stayed the observation of the Bombay High Court wherein the assessment order was set aside relying upon the provisions of sub-section (9) of Section 144B. Said sub-section declares the assessment as non-est if such assessment is not made in accordance with the procedures laid down under Section 144B.

Editorial notes:
The Finance Act, 2022 has deleted the provisions of sub-section (9) of Section 144B since inception, i.e., with effect from 1-4-2021. Accordingly, an assessment can’t be set aside merely because the assessment order has been passed without following the procedure prescribed by section 144B.