Section 292BB of the Income Tax Act cannot be given a retrospective effect


Last updated: 03 December 2021

Court :
High Court of judicature for Rajasthan

Brief :
In that view of the matter, we do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income Tax Act, mere defect in service of notice had to be factually ignored. The Tribunal has however correctly observed as held by the Delhi High Court in CIT Vs. Chetan Gupta (2015) 62 Taxman.com 249 (Delhi) that Section 292BB of the Act cannot be given a retrospective effect.

Citation :
D.B. ITA/47/2020

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