https://www.taxtmi.com/caselaws?id=793234 An assessment founded on the incorrect assumption that no return of income had been filed could not be sustained once the return was actually filed and was on record. The draft assessment order proceeded on that mistaken premise, and the corrigendum only acknowledged the return filing without curing the substantive defect. The Madras HC therefore set aside the draft order and corrigendum and allowed the department to proceed afresh in accordance with law. The Court also noted the limitation position under Section 153(2) of the Income-tax Act, 1961, observing that the time spent prosecuting the writ petition would be excluded while computing limitation. en-us Tue, 09 Jun 2026 00:00:00 +0530 Wed, 10 Jun 2026 15:18:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=793234 An assessment founded on the incorrect assumption that no return of income had been filed could not be sustained once the return was actually filed and was on record. The draft assessment order proceeded on that mistaken premise, and the corrigendum only acknowledged the return filing without curing the substantive defect. The Madras HC therefore set aside the draft order and corrigendum and allowed the department to proceed afresh in accordance with law. The Court also noted the limitation position under Section 153(2) of the Income-tax Act, 1961, observing that the time spent prosecuting the writ petition would be excluded while computing limitation. Case-Laws Income Tax Tue, 09 Jun 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=793234