Sec. 292b
LAWYER ASSOCIATES
(Querist) 02 January 2018
This query is : Resolved
Return of income, etc., not to be invalid on certain grounds.
292B. No return of income, assessment, notice, summons or other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of income, assessment, notice, summons or other proceeding if such return of income, assessment, notice, summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this Act.
Q1 Please give us proper interpretation of this section, My querry is any ommission or mistake done by assessing officer is forgiven by this section blindly.
Q2 What is the meaning of "other proceeding is in substance and effect in conformity with or according to the intent and purposes of this Act"
Sankaranarayanan
(Expert) 02 January 2018
your query seems academic. 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)
ITA No: 3875/Mum/2005
Date of Judgement/Order : 23/01/2009
The bench noted that the issue requires to be adjudicated in the light of the provisions of section 292B of the Act which provides that return of income or notice or summons shall not be invalidated on certain grounds. Analyzing the provisions of s. 292B of the Act, the bench said that notices or summons shall not be invalided by mere reason of any mistake merely by reason of any mistake, defect or omission in such return of income, assessment, notice, summons or other proceeding if such return of income, assessment, notice, summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of the Act. Reversing the order of the first appellate authority, the bench observed that in the present case, undisputedly no search warrant was issued in the name of the assessee but the assessee had responded to the notice issued u/s 153A by filing return of income, participated in the proceedings till the matter resulted in framing of the assessment order. “During the course of assessment proceedings, the respondent-assessee was given due opportunity of meeting the case made against him and in the result there was no prejudice caused to the respondent-assessee. Furthermore, it is not the case of the respondent-assessee his case even does not fall within the scope and ambit of the provisions of section 153C of the Act. The only mistake on the part of the AO is in mentioning section 153A instead of 153C. In the facts of the preset case, the provisions of section 292B clearly come into play. Under the provisions of section 292B, certain acts are not to be treated as invalid by reason of mistake or defect or omission either in the return of income, assessment, notice, summons or other proceedings. In other words, notice cannot be invalidated by reason of any mistake such as one occurred in the present case i.e. mentioning section 153A instead of 153C. If this mistake is not allowed to be cured, the very purpose and object of enacting the provisions of section 292B is defeated. This notice, in substance and effect, is in conformity with or according to the intent and purpose of the Act. The purpose of issuing notice is to call upon the assessee to file return of income disclosing income found in the incriminating material found as a result of search and seizure in the case of M/s.Corporate Leisure & Property Development (P) Ltd. This being the intent and purpose of the provisions contained in section 153A and 153C, stands satisfied if the notice is responded and the assessee has participated in the assessment proceedings. The fact that wrong section was mentioned in the notice does not invalidate the proceedings.”
ITA 1259 to 1261 Banglore 2016 (Ay-2005-06 to 2007-08
Dy com.IT Vs K.M Nagaraj
LAWYER ASSOCIATES
(Querist) 02 January 2018
Not satisfied with above reply, it is barely copy paste case law, but my case facts are different, in my case there is incompleteness or we can say wrong assessment order. My case is concerned with assessment order not with notice, return or summons.
Pls understand my case properly
LAWYER ASSOCIATES
(Querist) 02 January 2018
I was pleading a case in assessment proceedings, I have taken adjournment and filed part replies, But the officer did not write order sheet and got it signed from me. Meanwhile officer done provisional attachments of assets of assessee. Assessee worried with provisional attachments, approach the officers, Than officers recommend the name of a particular Counsel. Than assessee hired that Counsel. Assessments completed. Now i was reading the assessment orders, the officer does not mentioned even my name or proceedings taken place during my tenure. He started the Assessment order with the words that so and so counsel (next to me) appear for the assessee. Now the cases are before CIT (Appeals). Can we challenge the assessment orders on the basis of default, incompleteness may be with evil mind of the officer that he has evaded my presence and my pleading in the case. I think this is a serious voluntary mistake of the officer and assessment orders are void ab initio as the foundation of the assessment and assessment order is missing.
Ms.Usha Kapoor
(Expert) 03 January 2018
You've made some valid points there. Since your case is rightly in appeal in CIT against the assessment order Challenging the assessment order with all your might. raising all the contentions which are valid and rightly so.The assessment order under appeal is full of intentional mistakes and flaws and they are motivated to malign you and your property.They have no legs to stand in CIT court in appeal. Certainly you'd emerge triumphant.
