VidhiSangh

Supreme Court of India · 13/08/2019

COMMISSIONER OF INCOME TAX versus LAXMAN DAS KHANDELWAL

[2019] 10 S.C.R. 24 · 2019 INSC 899

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Summary

Section 292BB cures specified defects in service of an issued tax notice where the assessee participates; it does not cure complete failure to issue the notice. Because no section 143(2) notice had emanated from the department, participation could not validate the assessment. The Court upheld the Tribunal and High Court and dismissed the Revenue’s appeals.

Issues

  1. Whether participation under section 292BB cures complete non-issuance of the required section 143(2) notice.

Provisions considered

Held

Result

Revenue’s appeals dismissed without costs; Tribunal and High Court conclusions upheld because the required notice was never issued.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 24.