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Sec 292B can’t be cure Non-application of mind in issue of Re-Assessment Notice
Case Law Details
- Case Name
- Smt. Kalpana Shantilal Haria Vs. Assistant Commissioner of Income- Tax (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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Smt. Kalpana Shantilal Haria Vs. Assistant CIT (Bombay High Court)
There can be no dispute with regard to the application of Section 292B of the Act to sustain a notice from being declared invalid merely on the ground of mistake in the notice. However, the issue here is not with regard to the mistake / error committed by the Assessing Officer while taking a sanction from the Joint Commissioner of Income Tax but whether there was due application of mind by the Joint Commissioner of Income Tax while giving the necessary sanction for issuing the impugned notice. It is a settled principle of law t...
