Income Tax · New Income Tax Act 2025

Faceless Assessment Under Section 532: Your Right to a Personal Hearing Explained

Finin2min Tax Desk·June 2026·7 min readASSESSMENT · ACT 2025

Faceless assessment — where your income tax case is reviewed without face-to-face interaction with an officer — has operated in India for several years under delegated administrative authority. The Income-tax Act, 2025 gives this scheme direct statutory backing under Section 532, and adds a meaningful taxpayer protection: a codified right to a personal hearing via video conferencing before any adverse assessment order. It also introduces a new penalty for taxpayers who don't respond to faceless notices. Here's what changed.

From Delegated Scheme to Statutory Provision

The faceless assessment scheme was first introduced through executive notifications under Section 143(3A), 143(3B), and 143(3C) of the Income-tax Act, 1961 — provisions that essentially delegated authority to the government to design and notify a faceless assessment scheme by executive order, rather than embedding the scheme's core features directly in the Act itself. While operationally significant (faceless assessment has handled a large share of scrutiny assessments in recent years), this meant the scheme's exact procedures could be modified through notifications without a full legislative amendment.

Section 532 of the Income-tax Act, 2025 changes this by giving faceless assessment direct statutory backing — the core framework (assessment through the National Faceless Assessment Centre, or NFAC, without direct taxpayer-officer interaction in most cases) is now embedded in the Act itself, rather than resting on delegated notifications.

The Big Win for Taxpayers: Statutory Right to Personal Hearing

Perhaps the most taxpayer-friendly change is the codification of the right to a personal hearing via video conferencing. Under Section 532, whenever the NFAC proposes to pass an order that is adverse to the taxpayer — i.e., making additions to income, disallowing claims, or otherwise increasing tax liability beyond what was declared — the taxpayer has a statutory right to request a personal hearing with the assessing officer through video conferencing before the order is finalised.

This addresses a long-standing taxpayer grievance with the faceless system: that written submissions alone sometimes failed to adequately convey context, leading to additions that a brief conversation could have clarified or resolved. Under the 1961 Act framework, video-conferencing hearings were available in some faceless assessment notifications, but as an administrative facility rather than a clearly codified statutory right enforceable by the taxpayer.

⚠ What this means in practice: If you receive a faceless assessment communication proposing an adverse order (e.g., a show-cause notice proposing additions to your declared income), you can formally request a video-conferencing hearing with the NFAC officer before the order is passed. Document this request clearly and keep a record of your communication for your file.

The Flip Side: New Penalties for Non-Response

Section 532 (and related provisions) also introduce a new penalty framework for taxpayers who fail to engage with the faceless assessment process. A penalty ranging from ₹10,000 to ₹1,00,000 can be levied for:

This is a meaningful change from the prior regime, where non-response to faceless notices typically resulted in an assessment being completed based on available information (often unfavourably to the taxpayer) but did not necessarily attract a standalone monetary penalty of this nature for the non-response itself.

What Taxpayers Should Do Differently

Why This Balance Matters

Together, these two changes represent a 'carrot and stick' approach to faceless assessment: taxpayers get a stronger, codified right to be heard before an adverse decision (addressing a key fairness concern with the faceless model), while the system also gains stronger enforcement tools against taxpayers who simply ignore notices (addressing a key efficiency concern, where unresponsive taxpayers could previously slow down the assessment process without direct consequence for the non-response itself).

Frequently Asked Questions

How do I request a personal hearing under the new faceless assessment rules?
If the NFAC proposes an order that is adverse to you (e.g., proposing additions to your income or disallowing a claim), Section 532 gives you a statutory right to request a hearing via video conferencing with the assessing officer before the order is finalised. This request should typically be made through the income tax e-filing portal in response to the show-cause notice — follow the specific instructions and timelines mentioned in the notice itself, and consider consulting a CA to help frame your response and hearing request.
What happens if I miss a faceless assessment notice and don't respond in time?
Under Section 532 and related provisions of the Income-tax Act, 2025, failing to respond to a faceless notice, upload requested documents, or attend a scheduled hearing can now attract a penalty ranging from ₹10,000 to ₹1,00,000, in addition to the assessment proceeding on the basis of available information (which may be unfavourable). This makes it more important than ever to monitor your registered email and the e-filing portal for notices.
Is faceless assessment now mandatory for all cases, or can I still get a regular assessment?
Faceless assessment has been the predominant mode for scrutiny assessments under the framework that existed even before the 2025 Act, with certain categories of cases (such as those involving search and seizure, or specific complex matters) handled outside the faceless framework. Section 532 gives the faceless framework statutory backing but is not reported to fundamentally change which categories of cases fall inside versus outside the faceless system — that categorisation continues to be governed by applicable notifications.