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....

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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...

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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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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...

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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 as...

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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?...

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Section 148 notice in name of deceased assessee is invalid

Pranav Ravindrabhai Shah Vs ITO (Gujarat High Court) - Notice notice under section 148 being jurisdictional notice, issued to a dead person and legal representative not having waived the requirement of notice under section 148 and not having submitted to the jurisdiction of AO pursuant to impugned notice, provisions of section 292B would not get attract...

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Assessment in name of non-existent company was invalid & non-curable defect

DCIT Vs. First Future Agri and Developers Ltd. (ITAT Mumbai) - Since AO had completed the assessment in the name of a company which had merged and was not in existence on the date the assessment order was passed, therefore, the assessment was invalid and the same was not a curable defect under section 292B....

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Recent Posts in "Section 292B"

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

Section 148 notice in name of deceased assessee is invalid

Pranav Ravindrabhai Shah Vs ITO (Gujarat High Court)

Notice notice under section 148 being jurisdictional notice, issued to a dead person and legal representative not having waived the requirement of notice under section 148 and not having submitted to the jurisdiction of AO pursuant to impugned notice, provisions of section 292B would not get attracted and hence, notice under section 148 h...

Read More

Assessment in name of non-existent company was invalid & non-curable defect

DCIT Vs. First Future Agri and Developers Ltd. (ITAT Mumbai)

Since AO had completed the assessment in the name of a company which had merged and was not in existence on the date the assessment order was passed, therefore, the assessment was invalid and the same was not a curable defect under section 292B....

Read More

Failure to issue notice u/s 143(2) renders assessment order void even if assessee participated in proceedings

CIT Vs Laxman Das Khandelwal (Supreme Court)

CIT Vs Laxman Das Khandelwal (Supreme Court of India) S. 143(2)/ 292BB: The failure to issue a notice u/s 143(2) renders the assessment order void even if the assessee has participated in the proceedings. S. 292BB does not save complete absence of notice. For S. 292BB to apply, the notice must have emanated from the […]...

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Assessment not valid if section 143(2) notice was not issued within time limit

H.P. Singh & Others Vs ITO (ITAT Chandigarh)

Where notice under section 143(2) was not issued within the time limit prescribed in proviso to section 143(2), the assessment framed under section 143(3) pursuant to such notice was invalid and accordingly, the same was liable to be quashed....

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