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....

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...

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....

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Order passed in case of non-existing entity is null and void

India Medtronic Private Limited Vs ADDL/JT/DY/CIT/ITO (ITAT Mumbai) - ITAT Mumbai held that entire assessment order passed in the case of non-existing entity is null and void and hence is liable to be quashed....

AO not empowered to withdraw or modify or substitute assessment order passed by him

DCIT Vs Mondon Investments (ITAT Delhi) - ITAT Delhi held that law does not confer any power on the Assessing Officer to either withdraw or modify or substitute one assessment order passed by him earlier with another assessment order subsequently....

Communication relating to assessments, appeals, orders without DIN are null & void

Hardik Rao Vs DCIT (ITAT Delhi) - In present facts of the case, the Tribunal held that Assessment Order issued without DIN is null and void as it is in violation of CBDT Circular No. 19/2019 dated 1 4th August, 2019....

Assessment Order Null if AO fails to Follow Section 144C Procedure During draft assessment order Stage

Brightstar Infrastructure Private Limited Vs Additional/Joint/Deputy/ Assistant Commissioner of Income Tax/Income Tax Officer (ITAT Mumbai) - In the case of Brightstar Infrastructure Pvt. Ltd. vs. ACIT, the ITAT Mumbai allowed the appeal, declaring the final assessment order void due to failure to comply with mandatory procedure u/s 144C of the Income Tax Act....

ITAT Quashes Reassessment Order Due to Non-Issue of Notice

Sohanbir Sing Vs Assessing Officer (ITAT Delhi) - Discover the case of Sohanbir Sing Vs Assessing Officer, where the ITAT Delhi ruled that failure to issue notice for reassessment cannot be remedied under Section 292B of the Income Tax Act....

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Recent Posts in "Section 292B"

Order passed in case of non-existing entity is null and void

India Medtronic Private Limited Vs ADDL/JT/DY/CIT/ITO (ITAT Mumbai)

ITAT Mumbai held that entire assessment order passed in the case of non-existing entity is null and void and hence is liable to be quashed....

AO not empowered to withdraw or modify or substitute assessment order passed by him

DCIT Vs Mondon Investments (ITAT Delhi)

ITAT Delhi held that law does not confer any power on the Assessing Officer to either withdraw or modify or substitute one assessment order passed by him earlier with another assessment order subsequently....

Communication relating to assessments, appeals, orders without DIN are null & void

Hardik Rao Vs DCIT (ITAT Delhi)

In present facts of the case, the Tribunal held that Assessment Order issued without DIN is null and void as it is in violation of CBDT Circular No. 19/2019 dated 1 4th August, 2019....

Assessment Order Null if AO fails to Follow Section 144C Procedure During draft assessment order Stage

Brightstar Infrastructure Private Limited Vs Additional/Joint/Deputy/ Assistant Commissioner of Income Tax/Income Tax Officer (ITAT Mumbai)

In the case of Brightstar Infrastructure Pvt. Ltd. vs. ACIT, the ITAT Mumbai allowed the appeal, declaring the final assessment order void due to failure to comply with mandatory procedure u/s 144C of the Income Tax Act....

ITAT Quashes Reassessment Order Due to Non-Issue of Notice

Sohanbir Sing Vs Assessing Officer (ITAT Delhi)

Discover the case of Sohanbir Sing Vs Assessing Officer, where the ITAT Delhi ruled that failure to issue notice for reassessment cannot be remedied under Section 292B of the Income Tax Act....

Section 153D Approval Invalid Without Assessment Records: No Cure Under Section 292B

PCIT Vs Anuj Bansal (Delhi High Court)

PCIT Vs Anuj Bansal (Delhi High Court)Approval Under Section 153D Given Without Considering Assessment Records and Seized Material Invalid and Not Curable Under Section 292B of Income Tax Act, 1961...

Issuance of notice & all consequential proceedings in the name of deceased assessee are null & void

Dhirendra Bhupendra Sanghvi Vs ACIT (Bombay High Court)

Bombay High Court held that issuance of notice and all consequential proceedings in the name of a deceased assessee are null and void. Accordingly, order passed thereon is liable to be quashed and set aside....

Re-assessment order passed against a non-existent entity is bad-in-law

S.S.S Glass Pvt Ltd Vs ITO (ITAT Delhi)

ITAT Delhi held that reassessment order u/s 147 of the Income Tax Act against a non-existent entity is bad in law and vitiated & nullity....

Order framed in name of non-existing entity is liable to be quashed

Chemester Food Industries Pvt. Ltd Vs PCIT (ITAT Delhi)

ITAT Delhi held that assessment order framed in the name of a non-existing entity is non-est and liable to be quashed. Accordingly, initiation of proceedings u/s 263 based on such assessment order is liable to be set aside....

Notice issued to ceased entity is fundamentally illegal and without jurisdiction

Adani Estate Management Private Limited Vs ITO (Gujarat High Court)

Gujarat High Court held that if the company has ceased to exist as a result of the approved scheme of amalgamation then in that case, the jurisdictional notice issued in its name would be fundamentally illegal and without jurisdiction....

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