2018 (4) TMI 529 - SCH - Income Tax

Validity of reopening of assessment - notice against non existent entity - eligibility of reasons to believe - notice not addressed in the correct name - Held that - In the peculiar facts of this case, we are convinced that wrong name given in the notice was merely a clerical error which could be corrected under Section 292B of the Income Tax Act. SLP dismissed. HC Order 2018 (2) TMI 1093 - DELHI HIGH COURT held human errors and mistakes cannot and should not nullify proceedings which are otherwise valid and no prejudice had been caused. This is the effect and mandate of Section 292B of the Act.

Summary

The Supreme Court of India in 2018 (4) TMI 529 held that a wrong name in a notice was a clerical error correctable under Section 292B of the Income Tax Act. The special leave petition was dismissed, and pending applications were disposed of.