M/S. Gyanshankar Investment & Trading Co. P. Ltd.(Before Amalgamation M/S. Stellar Credit& E-Trading P. Ltd), Mumbai vs. The DCIT Circle-7(1)(1), Mumbai
In the result, the appeal of the assessee is allowed
ITA 1584/MUM/2020[2012-13]Status: DisposedITAT Mumbai29 Oct 2021AY 2012-13
Bench: Shri Rajesh Kumar & Shri Pavan Kumar Gadaleassessment Year: 2012-13
For Appellant: Shri Vishnu Agarwal, A.RFor Respondent: Shri Salil Mishra, D.R
Section 143(2)Section 147Section 148Section 68
…The return of income, if not signed by the authomed signatory, as contemplated under Section 140 of the Act, would be a mistake, defect or omission stated in Section 2928 of the Act. 45. We may note, observations of the Supreme Court in Balchand v. ITO(1969) 72 ITR 197 (SC) wherein it was held that in construing a statutory notice, extraneous evidence may be looked into to find out whether the technical defects or lacuna had any effect on the validity of the notice. The facts had revealed that though there were defects in drafting the preamble of the notice, it did not affect its validity as the notice itself cl…