Section 144B of income Tax Act 1961 provides the statutory framework for faceless (electronic) income-tax assessments — i.e., assessments done through a National Faceless Assessment Centre (NaFAC) and assigned to remote units without any physical, face-to-face interface.
I am givng here Step-by-step flow that is 'what happens and where to look' when for faceless assessment:-
- Selection
/ Initiation
- A
case is selected (risk-based/automated) and faceless proceedings are
initiated. Notices under section 142(1) or 143(2) are served through
the National Faceless Assessment Centre (NaFAC).
- Automated
assignment to an Assessment Unit
- NaFAC
uses automated allocation to assign the case to an Assessment
Unit (an AO or team assigned that role). It is team-based assessment
where there would be no specific Assessment officer or specific jurisdictional
location. It means you will not be interacting a particular person.
- Assessment
Unit can ask for information / verification / technical help
- The
Assessment Unit may request (via NaFAC):
- further
information/documents from the assessee,
- a
verification/enquiry by a Verification Unit, or
- technical
assistance (valuation, transfer-pricing, forensic, IT, etc.) from a Technical
Unit.
- Those
requests are routed and handled electronically by the respective units.
- How
you as assessee respond
- Notices/requests
are delivered electronically (registered e-filing account, registered
e-mail, mobile app) followed by a real-time alert.
- You will
have file your responses through your registered account on the
designated income tax portal only.
Once you get an acknowledgement containing a hash result, your response
is deemed authenticated.
- If
you don’t comply
- If
the assessee fails to respond to a requisition/notice, NaFAC informs the
Assessment Unit. The unit may then issue a notice under section 144
(best-judgment assessment) through NaFAC, giving an opportunity to
show-cause.
- Income
/ Loss determination proposal → Show-cause (if variation proposed)
- After
considering available materials, the Assessment Unit prepares either:
- an income/loss
determination proposal (no adverse variation), or
- a show-cause
notice (if a variation prejudicial to the assessee is proposed). The
assessee may reply to the show-cause through NaFAC.
- Review
and draft order
- NaFAC
may refer the proposal to a Review Unit. The Review Unit examines
the proposal, sends a review report; the Assessment Unit then prepares a draft
order (after considering the review).
- Serving
draft order & opportunity to contest before issue of Final order
- Where
a prejudicial variation is proposed, NaFAC will serve the draft order
on the assessee and provide reasonable time to respond / contest the
draft (a statutory opportunity to be heard).
- Personal
hearing — only by video
- A personal
hearing (oral submissions) can be requested by the assessee — but,
under faceless scheme, if allowed it is conducted only by
video-conference / video telephony (to the extent technologically
feasible).
- Personal physical appearance is neither required
nor allowed. NaFAC must also make video-conferencing facilities available
if the assessee lacks access.
- Final
order, penalty & demand/refund
- After
draft/review and responses, NaFAC may instruct the Assessment Unit to
pass the final assessment order. The order, penalty initiation (if
any) and demand/refund communication are issued electronically and
conveyed to the assessee by NaFAC.
- Transfer
to jurisdictional (territorial) AO — when needed
- In
specific circumstances (e.g., where invocation of certain provisions like
sec.142(2A) is appropriate), NaFAC may refer/transfer the case to the jurisdictional
Assessing Officer for further action — and the Principal Chief
Commissioner / Chief Commissioner / Principal Commissioner can direct the
local AO to proceed.
- Who
sits in these units (authority levels)
- The
Assessment / Verification / Technical / Review units are staffed by
officers across levels (e.g., Addl. Commissioner / Joint Commissioner /
Deputy Commissioner / Assistant Commissioner / Income-tax Officer, etc.)
as assigned by the Board.
- Exclusions
/ Exceptions
- Not
all cases are taken up facelessly. CBDT has issued orders
specifying exclusions (for example—cases assigned to Central Charges,
International Tax Charges and certain technical exceptions). Check the
CBDT order for current exclusions.
What you should do if you get a 144B / faceless notice)
- Respond
through your registered e-filing account within the timeline shown;
keep the acknowledgement hash. (Replying via the portal creates the
authenticated record.)
- If you
need more time, apply for extension via the portal (the scheme
allows extension requests).
- If
a draft order proposes variation, use the opportunity to file a
detailed reply and request a video hearing if oral submissions will
help.
- Keep
supporting documents ready (digital copies) and maintain an audit trail of
all portal communications.
- If
unsure, engage your CA / tax lawyer early — the faceless process is
electronic but legal safeguards and timelines remain important.