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Tax Litigation · 28 January 2026

Faceless Assessment and the Right to a Personal Hearing

An explainer on the personal hearing request under the faceless assessment scheme, natural justice, and why an assessment finalised without responding to the request is open to challenge.

By S&S Co. Advocates & Solicitors · Published 28 January 2026 · Informational content, not legal advice

About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.

Under Section 144B of the Income-tax Act, 1961, and the Faceless Assessment Scheme under it, assessments are carried out electronically through the National Faceless Assessment Centre. Where a show cause notice proposes a variation prejudicial to the assessee, the assessee can respond in writing and can ask for a personal hearing through video conference. For later periods, readers should check the corresponding provisions under the Income-tax Act, 2025.

The scheme replaced in-person proceedings with a remote process, but it does not remove the right to be heard before an adverse variation is made. High Courts have set aside faceless assessment orders passed without dealing with a specific hearing request, on the ground that natural justice was breached, and have usually sent the matter back for a fresh assessment after a hearing.

Authorities sometimes argue that written submissions were already considered and that a hearing would add nothing. Courts have generally expected the assessing unit either to grant the hearing or to record a reasoned decision refusing it. Where the scheme itself makes a hearing available on request, silence on the request is difficult to defend.

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