Recently, a Division Bench of the Delhi High Court issued a notice in a case, where the petitioner had challenged the Faceless Appeal Scheme,2020.
What exactly is the Faceless Appeal Scheme, 2020?
As per this scheme, if someone wants to get their case heard under the Income Tax Act,1961 they will have to get prior approval from the Chief Commissioner or the Director-General who might or might not provide them with a chance of personal hearing.
Arguments raised against the Faceless Appeal Scheme:-
Learned Counsel argued that the procedure mentioned in the Act was in violation of Article 14 of the Constitution of India. It was pleaded to be against settled principles of law.
A further argument was that as per the law of the country, a person should not be judged without a fair hearing.
Another plea is that every person has the right to respond to the evidence that has been placed against him.
It was argued that the provisions of the Faceless Appeal Scheme were contrary to section 250(1), section 250(2) and section 250(5) of the Income Tax Act, 1921.
These provision state that every person will be granted a right to hearing at the stage of appeal.
Delhi High Court considered the case and issued notices to the Union of India and the Income Tax Department.
Next date of hearing in the case will be on 15.12.2020.
Case Details:-
Title: Lakshya Budhiraja vs Union Of India & Anr
Case No. W.P.(C) 8044/2020
Date Of Order: 16.10.2020
Coram: Hon’ble Justice Manmohan and Hon’ble Justice Sanjeev Narula
Counsel for the Petitioner: Mr Ruchesh Sinha; Counsel for the respondent Ms Nidhi Banga
