Section 292B

Section 292B: Return of income, etc., not to be invalid on certain grounds

Income Tax - Section 292B is considered as a protection to the Income tax authorities for most of short comings in proceedings due to technical aspects.'Substance over form theory' is the underlining philosophy of section 292B of the Act....

Read More

The real face of Faceless Assessment Analysis of recent judicial developments

Income Tax - Our focus of the article will be on section 144B of the Income-tax Act, 1961 (Act) which has been introduced with effect from 01.04.2021 and already stands widely litigated before the courts. While the technology was recasting the process of assessment and appellate proceedings over the years, COVID-19 induced lockdown quickened the proce...

Read More

Issue of Notice/Assessment Order in the Name of ‘Deceased Person’ or ‘Amalgamated/Merged Company’

Income Tax - It is noticed that the department has lost the revenue in number of cases mainly on account of fatal mistake made by the AO in issuance of notice to dead person/ non-existent entity or in framing the assessment order in the name of dead person/non-existent entity....

Read More
Sorry No Post Found

Assessment based on belated Section 143(2) notice is invalid

Roshan Lal Verma Vs DCIT (ITAT Delhi) - Roshan Lal Verma Vs DCIT (ITAT Delhi) The validity of impugned assessment order resulting in present appeal is under challenge on the grounds of notice issued under Section 143(2) purportedly barred by limitation. It is the case of the assessee that, in the instant case, assessee has filed the retur...

Read More

Failure to issue Section 143(2) notice cannot be condoned under Section 292BB

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) - PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) Supreme Court in Commissioner of Income-Tax vs. Laxman Das Khandelwal (supra) has clearly stated that the scope of Section 292BB is to make service of notice having certain infirmities to be proper and valid. However, the section does not save...

Read More

Non-service of Section 143(2) notice cannot be cured by Invoking Section 292BB

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) - PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) This Court is in agreement with the Tribunal that Section 292BB does not give the power to condone the failure or delay in issuing the statutory notice required to be issued under Section 143(2) of the Act. Section 292BB deals with failure of ...

Read More

Issue of Section 148 notice on non-existing entity is not a curable mistake

Implenia Services and Solutions Pvt. Ltd. Vs ACIT/DCIT (Bombay High Court) - Where notice under section 148 was issued to a non-existing entity as said entity ceased to exist at the time of the issue of the notice on account of merger; the said notice was liable to be quashed and it was not an error that could be corrected under section 292B....

Read More

Section 292BB of Income Tax Act cannot be given a retrospective effect

PCIT Vs Mahla Real Estate Pvt. Ltd. (Rajasthan High Court) - PCIT Vs Mahla Real Estate Pvt. Ltd. (Rajasthan High Court) We do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income Tax Act, mere defect in service of noti...

Read More
Sorry No Post Found

Recent Posts in "Section 292B"

Assessment based on belated Section 143(2) notice is invalid

Roshan Lal Verma Vs DCIT (ITAT Delhi)

Roshan Lal Verma Vs DCIT (ITAT Delhi) The validity of impugned assessment order resulting in present appeal is under challenge on the grounds of notice issued under Section 143(2) purportedly barred by limitation. It is the case of the assessee that, in the instant case, assessee has filed the return of income on 14.10.2011 and […]...

Read More

Failure to issue Section 143(2) notice cannot be condoned under Section 292BB

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court)

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) Supreme Court in Commissioner of Income-Tax vs. Laxman Das Khandelwal (supra) has clearly stated that the scope of Section 292BB is to make service of notice having certain infirmities to be proper and valid. However, the section does not save complete absence of notice. For section...

Read More

Non-service of Section 143(2) notice cannot be cured by Invoking Section 292BB

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court)

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) This Court is in agreement with the Tribunal that Section 292BB does not give the power to condone the failure or delay in issuing the statutory notice required to be issued under Section 143(2) of the Act. Section 292BB deals with failure of service of notice […]...

Read More

Issue of Section 148 notice on non-existing entity is not a curable mistake

Implenia Services and Solutions Pvt. Ltd. Vs ACIT/DCIT (Bombay High Court)

Where notice under section 148 was issued to a non-existing entity as said entity ceased to exist at the time of the issue of the notice on account of merger; the said notice was liable to be quashed and it was not an error that could be corrected under section 292B....

Read More

Section 292BB of Income Tax Act cannot be given a retrospective effect

PCIT Vs Mahla Real Estate Pvt. Ltd. (Rajasthan High Court)

PCIT Vs Mahla Real Estate Pvt. Ltd. (Rajasthan High Court) We do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income Tax Act, mere defect in service of notice had to […]...

Read More

Section 292B: Return of income, etc., not to be invalid on certain grounds

Section 292B is considered as a protection to the Income tax authorities for most of short comings in proceedings due to technical aspects.'Substance over form theory' is the underlining philosophy of section 292B of the Act....

Read More
Posted Under: Income Tax |

The real face of Faceless Assessment Analysis of recent judicial developments

Our focus of the article will be on section 144B of the Income-tax Act, 1961 (Act) which has been introduced with effect from 01.04.2021 and already stands widely litigated before the courts. While the technology was recasting the process of assessment and appellate proceedings over the years, COVID-19 induced lockdown quickened the proce...

Read More
Posted Under: Income Tax |

Issue of Notice/Assessment Order in the Name of ‘Deceased Person’ or ‘Amalgamated/Merged Company’

It is noticed that the department has lost the revenue in number of cases mainly on account of fatal mistake made by the AO in issuance of notice to dead person/ non-existent entity or in framing the assessment order in the name of dead person/non-existent entity....

Read More
Posted Under: Income Tax |

Section 292BB is applicable to assessee & not to a legal representative

Savita Kapila, Legal Heir Of Late Shri Mohinder Paul Kapila Vs ACIT (Delhi High Court)

In the absence of a statutory provision it is difficult to cast a duty upon the legal representatives to intimate the factum of death of an assessee to the income tax department. After all, there may be cases where the legal representatives are estranged from the deceased assessee or the deceased assessee may have bequeathed his entire we...

Read More

No conversion from limited to complete scrutiny on mere suspicion 

Dev Milk Foods Pvt. Ltd. Vs ACIT (ITAT Delhi)

The issue under consideration whether conversion of the case from limited scrutiny to complete scrutiny is justified in law?...

Read More

Browse All Categories

CA, CS, CMA (6,180)
Company Law (8,632)
Corporate Law (10,966)
Custom Duty (9,597)
DGFT (4,888)
Excise Duty (4,932)
Fema / RBI (5,349)
Finance (5,765)
Income Tax (43,214)
SEBI (4,665)
Service Tax (4,095)