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Bombay High Court

Bharat Karsandas ThakkarversusThe National Faceless Assessment Centre

Decided
Disposal
DISPOSED OFF

Holding

The Assessment Order, notice of demand and penalty show‑cause notices are quashed for violating natural justice and the SOPs, and the matter is remanded for fresh proceedings with adequate time for reply and hearing.

Summary

The Bombay High Court quashed the Income Tax Assessment Order dated 26 March 2026, along with the notice of demand and penalty show‑cause notices, on the ground that the Assessing Officer violated principles of natural justice and the Standard Operating Procedures of the National Faceless Assessment Centre. The petitioner was given only one working day to reply to a show‑cause notice issued on a Friday evening and was scheduled for a personal hearing the next day with less than 24 hours’ notice, contrary to the SOPs which require at least seven working days for a reply and reasonable notice for a hearing. The court also held that the petitioner’s request for a one‑day adjournment of the hearing was unreasonably denied. Consequently, the court ordered the assessment proceedings to be reopened, directing the Assessing Officer to provide a minimum of seven working days to file a reply and at least three working days’ notice for a video‑conference hearing. All other issues, including the challenge to a Section 148 notice, were left open for future proceedings.

Issues considered

  • Whether the Assessment Order and related notices were passed in violation of the principles of natural justice
  • Whether the time granted to file a reply to the Show Cause Notice complied with the SOPs requiring a minimum of seven working days
  • Whether the notice for personal hearing provided sufficient time and complied with procedural requirements
  • Whether the refusal to grant an adjournment of the personal hearing was justified

Legislation cited

Subjects

  • natural justice
  • assessment order
  • income tax
  • show cause notice
  • procedural fairness
  • Standard Operating Procedures
  • personal hearing
  • adjournment
  • quashing
  • High Court

Judgment

                                                                                                             3-WP-2408-2026.doc
                                                                                                     Bharat Thakkar Vs. The NFAC



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
                                               WRIT PETITION NO. 2048 OF 2026

                      Bharat Karsanas Thakkar                                                     ...Petitioner
                            V/s.
                      The National Assessment Centre & Ors.              ...Respondents
                                       _______________________________________
                      Mr. Dharan V. Gandhi, for the Petitioner.
                      Mr. N. C. Mohanty, for the Respondents.
                                      _______________________________________

                                                           CORAM : B. P. COLABAWALLA AND
                                                                   FARHAN P. DUBASH, JJ.

                                                           DATE                : 11th SEPTEMBER 2026

                      P. C.:

                      1.       Rule. Rule made returnable forthwith. With the consent of the parties, the

                               present petition is taken up for final disposal.


                      2.       At the outset, Mr. Mohanty learned Counsel for the Respondents, tenders an

                               Affidavit-in-Reply dated 6th August 2026 by one Mr. Sanjay Kumar, Income

                               Tax Officer, Ward 2(1)(1), Mumbai. The same is taken on record.


                      3.       The present Petition challenges, inter alia, the Assessment Order passed

                               under Section 144B read with Section 147 of the Income Tax Act, 1961 (“the

                               Act”) dated 26th March 2026, the notice of demand under Section 156 of the

                               Act dated 26th March 2026, and the Show Cause Notices for levy of penalty

                               all dated 26th March 2026, for Assessment Year 2021-22, whereby the total
AMOL
PREMNATH                       income of the Petitioner was assessed at Rs. 26,83,88,328/- and a demand of
JADHAV
Digitally signed by
AMOL PREMNATH
JADHAV
Date: 2026.09.21                                                      Page 1 of 6
13:48:51 +0530
                                                          -------------------------------------
                                                         Order dated 11th September 2026
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                                                                       Bharat Thakkar Vs. The NFAC


     Rs. 34,13,91,100/- was raised.


4.   In this Petition, the Petitioner has also challenged the validity of the notice

     under Section 148 of the Act dated 29 th March 2025 as well as the

     constitutional validity of the provisions of Section 147A and Section 292BC

     of the Act. However, learned Counsel for the Petitioner, on instructions,

     states that at present he wants to press his challenge against the Assessment

     Order and the consequential notice of demand and Show Cause Notices for

     levy of penalty. He submitted that all other issues may be kept open to be

     agitated in appropriate proceedings should the need arise.


5.   The short ground on which the challenge has been laid to the Assessment

     Order and the consequential notices is that the same have been passed in

     gross violation of the principles of natural justice and in violation of the

     provisions of Section 144B of the Act read with the Standard Operating

     Procedures (“SOPs”) issued by the NFAC. From the records, it can be seen

     that the Petitioner was issued a Show Cause Notice on 20 th March 2026,

     which was a Friday. Such notice was undisputedly signed and issued at 7:51

     PM. This notice granted the Assessee time to reply by 23 rd March 2026, i.e.,

     Monday by 4:00 PM. In the Show Cause Notice, additions were proposed to

     the extent of Rs. 26,81,38,328/- comprising of disallowance of business

     expenses of Rs. 37,08,100/-, capital gains addition of Rs. 14,78,451/-,

     addition of Rs. 1,05,32,758/- under Section 56 towards interest from Hatgad

     Resorts Pvt. Ltd., and additions of Rs. 24,39,19,019/- and Rs. 85,00,000/-

     under Section 68 towards unexplained credits from M/s Swas Construction

                                           Page 2 of 6
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                              Order dated 11th September 2026
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                                                                      Bharat Thakkar Vs. The NFAC


     Co. and M/s Terra Firma Trading LLP respectively.


6.   In response to this notice, a personal hearing was sought. The personal

     hearing notice was issued on 22nd March 2026, which is a Sunday,

     undisputedly signed at 9:27 PM, and which directed the Assessee to appear

     for a personal hearing on the next day, i.e. 23 rd of March 2026 at 12:10 PM.

     In response to such notice, the Petitioner had sought an adjournment

     requesting one day’s time to appear. Such request was not acceded to. As a

     result, the Petitioner’s representative was compelled to appear at the

     scheduled time of personal hearing. In the personal hearing, as pleaded in

     paragraph 3.21 of the Petition, the representative for the Petitioner sought a

     day’s time to file a Reply to the Show Cause Notice and for a personal

     hearing. However, the same was refused. Further, in paragraph 3.22 of the

     Petition, it has been pleaded that the Petitioner tried to upload the Reply by

     4:30 PM on 23rd March 2026. However, by such time the portal was closed

     for filing of Reply. Ultimately, an Assessment Order has been passed on 26 th

     March 2026. In paragraph 4.5 of the Assessment Order [which is at page 470

     of the Petition], it has been mentioned that despite sufficient opportunities,

     the Assessee did not submit any written reply to Show Cause Notice.

     Consequently, various additions have been made.


7.   None of the above facts have been disputed in the Affidavit-in-Reply filed by

     the Respondents. However, what has been stated in the Reply is that the

     Petitioner appeared on video conference and made submissions which have

     been considered.

                                          Page 3 of 6
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                             Order dated 11th September 2026
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                                                                        Bharat Thakkar Vs. The NFAC


8.   After perusing the record and hearing the parties, we find that the

     Assessment Order has been passed in gross violation of the principles of

     natural justice for the following reasons:


     a)    Firstly, admittedly the Show Cause Notice was issued on 20 th March

           2026, which is a Friday, late in the evening. The Petitioner was granted

           time to Reply by 23rd March 2026, i.e. a Monday, by around 4:00 PM.

           Effectively, only one working day’s time was given to the Petitioner to

           file their Reply. This is in contravention of the SOPs laid down by the

           National Faceless Assessment Centre which requires a minimum of 7

           working days time to file the Reply. In any event, one working day’s

           time to file the Reply is clearly insufficient. Further, the request of the

           Petitioner to grant one more day’s time to file Reply was rejected. This

           is also not justifiable.


     b)    The notice for personal hearing was issued on 22 nd of March 2026 late

           in the evening at about 9:30 PM requiring the Petitioner to appear the

           next day afternoon at about 12:10 PM. This again grants insufficient

           time for the Petitioner to appear for the personal hearing i.e., not even

           24 hours. Moreover, the Show Cause Notice itself provides that prior

           to a personal hearing being granted, the Assessee is given an

           opportunity to reply to the Show Cause Notice. In the present case, a

           personal hearing was scheduled before the time to file the Reply had

           expired. This is again not tenable.



                                            Page 4 of 6
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                               Order dated 11th September 2026
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                                                                        Bharat Thakkar Vs. The NFAC


      c)    The Petitioner’s request to adjourn the personal hearing by one day

            was not accepted. The request of adjournment was, in our view, very

            reasonable and not acceding to such request was wholly unjustified.


9.    From what is narrated above, it is clear that the Assessment Order has been

      passed without granting the Petitioner sufficient opportunity of being heard

      inasmuch as insufficient time was given to the Petitioner to file its Reply and

      to appear for a personal hearing. Further, a reasonable request for

      adjournment for even one day was not accepted. In light of the above, we are

      of the clear opinion that the present matter requires interference, and we

      accordingly do so. The impugned Assessment Order dated 26 th March 2026,

      the notice of demand dated 26th March 2026, and the Show Cause Notices

      for levy of penalty of the same date, are all hereby quashed and set aside.


10.   We now remand the matter to the file of the Assessing Officer to commence

      the proceedings from the stage of the Show Cause Notice. He shall reopen

      the proceeding on the portal and issue an intimation to the Petitioner to file

      his Reply to the Show Cause Notice. A minimum period of 7 working days

      should be given to the Petitioner to file his Reply to the Show Cause Notice.

      Further, the Petitioner shall be afforded an opportunity of being heard

      personally through video conferencing, a notice whereof shall be served at

      least 3 working days in advance. If the Assessing Officer wants to rely upon

      any decisions or any other material, he shall provide a copy thereof to the

      Petitioner and grant him an opportunity to deal with the same before passing

      of the Assessment Order. The Assessment Order so passed shall be a

                                            Page 5 of 6
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                               Order dated 11th September 2026
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                                                                              Bharat Thakkar Vs. The NFAC


       speaking order dealing with all the contentions raised by the Petitioner. The

       above process of completion of assessment should be done within a period of

       12 weeks from the date of uploading of this order on the High Court website.


11.    All other contentions raised in the Petition including challenge to the validity

       of the notice issued under Section 148 of the Act are expressly kept open for

       the parties to agitate in appropriate appellate proceedings, if the need so

       arises.


12.    Rule is made absolute in the aforesaid terms and the Writ Petition is also

       disposed of in terms thereof. However, there shall be no order as to costs.


13.    This order will be digitally signed by the Private Secretary / Personal

        Assistant of this Court. All concerned will act on production by fax or email

        of a digitally signed copy of this order.




   ( FARHAN P. DUBASH, J. )                                         ( B. P. COLABAWALLA, J. )
Amol




                                              Page 6 of 6
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                                 Order dated 11th September 2026


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