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| The Tax Publishers2020 TaxPub(DT) 3013 (Jp-Trib) INCOME TAX ACT, 1961
Section 147 read with Section 292B
Where AO issued notice under section 148 in name of assessee's husband, such mistake was not curable under section 292B because a fatal mistake cannot be cured under section 292B, consequently, notice under section 148 and subsequent proceedings were liable to be quashed.
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Reassessment - Validity - Notice issued for reopening of assessment issued in name of assessee's husband - Curable defect under section 292B
Assessee challenged validity of reassessment proceedings contending that notice under section 148 was issued in name of her husband. Assessee contended that it being a fatal mistake could not be cured under section 292B. Held: A fatal mistake cannot be cured under section 292B. Therefore, for that reason alone, notice under section 148 and subsequent proceedings should be quashed. Re-assessment proceedings were initiated to assess escaped income on account of unexplained investments. No addition was made by AO towards any unexplained investment. Therefore, very reason for which re-assessment proceedings were initiated were found satisfactorily explained and no addition was made. Than in such a scenario, any other addition made by AO by way of disallowance of cost of construction could not be sustained.
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
INCOME TAX ACT, 1961
Section 45
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