Case Law Details
JCIT Vs ACE Mega Structure Pvt. Ltd. (ITAT Delhi)
ITAT Delhi held that provisions of section 292BB of the Income tax Act doesn’t cure complete absence of notice. Section seeks to cure only the manner of service of notice.
Facts- ACE Group of Companies is presently engaged in various businesses of real estate and development in Noida and Greater Noida. M/s. ACE Mega Structure Pvt. Ltd is one of the group companies. During the course of search in the case of M/s. Crest Promoters Pvt. Ltd. various incriminating documents were found and seized. Consequently, a survey u/s. 133A of the Income Tax Act was conducted at the business premises of the assessee company.
E-return in this case has been filed by the assessee on 25.09.2015 declaring total income of Rs.38,96,010/-. Subsequently, notice u/s 143(2) of the Act was issued on 07.10.2016. CIT(A) annulled the assessment.
Conclusion- Section 292BB does not save complete absence of notice. For Section 292BB to apply, the notice must have emanated from the department. It is only the infirmities in the manner of service of notice that the Section seeks to cure. The Section is not intended to cure complete absence of notice itself.
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