https://www.taxtmi.com/caselaws?id=266760 The Court held that mentioning Section 72 along with Section 28 in the Show-Cause Notice was irrelevant as the Department proceeded based on Section 28 only. The demand was dropped due to no suppression of facts by the assessee. The Tribunal dismissed the Department's appeal. The Court emphasized that a wrong mention of a provision does not invalidate the exercise of power if the correct provision is available. However, in this case, there was no material to support the invocation of Section 72 in the notice. The appeal was dismissed, and the demand was deemed unsustainable. en-us Fri, 26 Jun 2015 00:00:00 +0530 Mon, 04 Jan 2016 17:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=266760 The Court held that mentioning Section 72 along with Section 28 in the Show-Cause Notice was irrelevant as the Department proceeded based on Section 28 only. The demand was dropped due to no suppression of facts by the assessee. The Tribunal dismissed the Department's appeal. The Court emphasized that a wrong mention of a provision does not invalidate the exercise of power if the correct provision is available. However, in this case, there was no material to support the invocation of Section 72 in the notice. The appeal was dismissed, and the demand was deemed unsustainable. Case-Laws Customs Fri, 26 Jun 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=266760