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2017 (6) TMI 874 - AT - Income TaxValidity of assessment u/s 153C - wrong section was mentioned in the assessment orders - Notice for assuming jurisdiction for framing assessment order was issued under wrong section i.e. 153A instead of 153C - Held that:- In the present case, undisputedly no search warrant was issued in the name of the respondentassessee but the respondent-assessee had responded to the notice issued u/s 153A by filing return of income, participated in the proceedings till the matter resulted in framing of the assessment order. During the course of assessment proceedings, the respondent-assessee was given due opportunity of meeting the case made against him and in the result there was no prejudice caused to the respondentassessee. Furthermore, it is not the case of the respondentassessee that his case even does not fall within the scope and ambit of the provisions of section 153C of the Act. The only mistake on the part of the AO is in mentioning section 153A instead of 153C. In the facts of the preset case, the provisions of section 292B clearly come into play. Under the provisions of section 292B, certain acts are not to be treated as invalid by reason of mistake or defect or omission either in the return of income, assessment, notice, summons or other proceedings. Notice cannot be invalidated by reason of any mistake such as one occurred in the present case i.e. mentioning section 153A instead of 153C. If this mistake is not allowed to be cured, the very purpose and object of enacting the provisions of section 292B is defeated. This notice, in substance and effect, is in conformity with or according to the intent and purpose of the Act. Having respondent, participated in the proceedings, respondent-assessee cannot be allowed to turn around or raise objections for the first time before the CIT(A) seeking invalidation of the proceedings initiated by issuing notice u/s 153A instead of 153C
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