Validity of the assessment order passed u/s 143(3) - Assumption ...

Income Tax

April 29, 2024

Validity of the assessment order passed u/s 143(3) - Assumption of jurisdiction to make an assessment - No return of income filed by assessee - Whether a curable defect u/s 292BB - The Assessee argued that as there was no return of income filed at the time of the notice, the assumption of jurisdiction for assessment was flawed. The Department contended that any irregularity in the notice could be cured under section 292BB of the Act. However, the Tribunal found that the notice was issued before the Assessee filed their return of income, rendering the assumption of jurisdiction invalid. Despite the Department's arguments, the Tribunal held that the notice was not in accordance with the Act and could not be cured under section 292BB.

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