Section 292B

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 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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Validity of Income Tax notice issued in name of deceased assessee

Bipinbhai Bachubhai Kataria Vs ITO (Gujarat High Court) - Legal representative of deceased assessee not having waived the requirement of notice under section 148 and not having submitted to jurisdiction of AO pursuant to the impugned notice issued in the name of deceased, provisions of section 292B would not get attracted and hence, notice under section 14...

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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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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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Recent Posts in "Section 292B"

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...

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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?...

Read More

Validity of Income Tax notice issued in name of deceased assessee

Bipinbhai Bachubhai Kataria Vs ITO (Gujarat High Court)

Legal representative of deceased assessee not having waived the requirement of notice under section 148 and not having submitted to jurisdiction of AO pursuant to the impugned notice issued in the name of deceased, provisions of section 292B would not get attracted and hence, notice under section 148 had to be treated as invalid....

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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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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...

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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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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 in the name of non-existent company was invalid

Amdocs Development Centre India LLP Vs DCIT (ITAT Pune)

he assessment order passed in the name of non-existent entity, i.e., Amdocs Business Services (P) Ltd. was invalid and subsequent proceedings arising therefrom were vitiated. The assessment made in the name of non-existent company was, therefore, invalid and unsustainable in the eye of law....

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Non-issuance of notice U/s. 143(2) & Applicability of section 292BB

PCIT Vs Oberoi Hotels Pvt. Ltd. (Calcutta High Court)

PCIT Vs Oberoi Hotels Pvt. Ltd. (Calcutta High Court) Section 292BB does not dispense with issuance of any notice that is mandated to be issued under the Act, but merely cures the defect of service of such notice if an objection in such regard is not taken before completion of assessment or reassessment as time […]...

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Wrong Name on Assessment Order of non existent Company can’t be cured by section 292B

ACIT Vs M/s. Mahagun Realtors (P) Ltd, (ITAT Delhi)

ACIT  Vs M/s. Mahagun Realtors (P) Ltd, (ITAT Delhi) AO has passed the assessment order u/s 153A of the Act in case of Mahagun Realtors Pvt. Ltd (represented by Mahagun India Pvt. Ltd after amalgamation) despite the fact that the above company has merged with Mahagun India Pvt. Ltd by the order of the Hon’ble […]...

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Deeming provisions of section 292BB not applies to Non-issuance of notice U/s.143(2)

Kamla Devi Sharma Vs Income Tax Officer (ITAT Jaipur)

Kamla Devi Sharma Vs ITO (ITAT Jaipur)  Non-issuance of notice under section 143(2) was not a procedural error which could have been corrected in the wake of deeming provisions of section 292BB. Thus, assessment completed under section 143(3) read with section 147 was quashed. FULL TEXT OF THE ITAT JUDGMENT This is an appeal filed [&hell...

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s. 292B cannot save Assessment order passed without Notice u/s 143(2)

Income Tax Officer Vs. Sh. Neeraj Goel (ITAT Delhi)

ITO Vs. Sh. Neeraj Goel (ITAT Delhi) IT(A) has rightly held that the assumption of jurisdiction to frame an assessment or non assumption of jurisdiction to frame an assessment goes to the root of the judicial act of framing an assessment order and in the event of non assumption of jurisdiction u/s. 143(2) of the […]...

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Deeming fiction U/s. 292BB not applicable on failure to issue notice U/s. 143(2) within specified period

Tiny Girl Clothing Company (P) Ltd. Vs. DCIT (ITAT Mumbai)

This appeal is filed by the assessee against the order of the Learned Commissioner (Appeals)–21, Mumbai dated 28-3-2016 for the assessment year 2011-12. The assessee in its appeal raised several grounds of appeal both on validity of issue of service of notice under section 143(2)/148 of the Act as well on merits of the disallowances....

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Section 292BB not applicable on failure to issue notice U/s. 143(2)

Alok Mittal Vs. Dy. CIT (ITAT Kolkata)

Where notice was not issued by assessing officer under section 143(2) before passing order under section 143(3) read with section 147, assessment made by him was bad in law. Provisions of section 292BB are not applicable where there is failure to issue notice under section 143(2)....

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Sec 292B can’t be cure Non-application of mind in issue of Re-Assessment Notice

Smt. Kalpana Shantilal Haria Vs. Assistant Commissioner of Income- ­Tax (Bombay High Court)

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 / […]...

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Section 292BB cannot cure jurisdictional error; Time-barred Notice cannot be deemed as valid

Dr. N. Madhava Reddy Vs. Asst. Commissioner of Income-tax (ITAT Hyderabad)

A reassessment order cannot be passed without compliance with the mandatory requirement of notice u/s 143(2) being issued as the requirement of issuance of such notice is a jurisdictional one and section 292BB cannot cure jurisdictional error....

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Sec.292BB- Service of Notice- Objection raised prior to completion of reassessment is valid

Commissioner Of Income Tax Vs Chetan Gupta (Delhi High Court)

In case of CIT Vs. Chetan Gupta, Delhi High Court held that where objection to effect, that notice for reassessment was not served on his last known address of assessee, was taken prior to completion of reassessment...

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Assessment framed in the name of non existing entity due to amalgamation cannot be cured by Sec. 292B provisions

SC Jhonson Products Private Limited Vs DCIT (ITAT Delhi)

It was held by ITAT delhi in the case of SC Jhonson Products Private Limited Vs. DCIT, that framing of assessment against a non existing entity/person is not a procedural irregularity but a jurisdictional defect and can not be cured by application of Section 292B of the Income Tax Act, 1961....

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Assessment framed in the name of non-existing entity due to amalgamation cannot be cured by provision of section 292B

CIT Vs Micron Steel Pvt. Ltd. & M/s Steels Pvt. Ltd. (Delhi High Court)

Hon’ble Delhi Court in the matter Spice Entertainment (ITA no. 475/2011) give finding on the proposition that completion of assessment in respect of a non-existent company due to the amalgamation would result assessment in the name and in respect of the original assessee company, ...

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Sec 292BB would operate prospectively as it curtails the right of the assessee

M/s. Ghanshyamdas Gems and Jewels Vs DCIT (ITAT Hyderabad)

Hon'ble Hyderabad Bench has in the case of M/s. Ghanshyamdas Gems and Jewels v/s DCIT in IT(SS)A No. 16/Hyd/2011 has held that Section 292BB of the Income Tax Act, 1961 would operate prospectively as it curtails the right of the assessee....

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S. 292BB cannot be applied retrospectively

The Commissioner of Income Tax Vs Mr. Salman Khan (Bombay High Court)

This Court in the case of The Commissioner of Income Tax V/s. Mr. Salman Khan [Income Tax Appeal No.2362 of 2009] decided on 1st December, 2009 has considered similar question and has held that in the absence of notice under section 143(2) (prior to the insertion of section 292BB), the reassessment order cannot be sustained. ...

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S. 292BB – Assessment can not be annulled If no objection regarding valid service of notice was taken before completion of assessment

Income Tax Office Vs M/s. Industrial Syndicate (ITAT Delhi)

Hon’ble Punjab & Haryana High Court in the case of CIT vs. Panchvati Motors (P) Ltd. in ITA No.292 of 2008, dated 3.05.2011 has held that in a case where no objection regarding valid service was taken before the completion of assessment, provisions of sec. 292BB will be applicable to all pending assessments as on 1.04.2008. Since the pr...

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Applicability of section 292B of IT Act in case return contains any mistake, defect or omission

Nicholas Applegate South East Asia Fund Limited Vs Assistant Director of Income Tax (ITAT Mumbai)3875/Mum/2005 (23/01/2009)

Nicholas Applegate South East Asia Fund Limited Vs Assistant Director of Income Tax (ITAT Mumbai) - The question of application of section 292B cannot be prejudged by finding that return, notice, etc. is not as per the requirement of the statute and is/are invalid; the finding that the return or notice etc. is invalid or to what extent it...

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