Section 292B — Curative: Defects Not to Invalidate

Function in the statutory architecture

Section 292B is a curative provision. No return of income, assessment, notice, summons or other proceeding furnished, made, issued or taken, or purported to be, under the Act is invalid, or deemed invalid, merely because of any mistake, defect or omission in it, if it is in substance and effect in conformity with, or according to the intent and purpose of, the Act.

The Finance Act, 2026 added two clarifying provisions around it. Section 292BA, deemed inserted from 1 October 2019, clarifies for the purposes of section 292B that no assessment is invalid because of any mistake, defect or omission in quoting a computer-generated Document Identification Number, if the assessment order is referenced by that number in any manner. Section 292BC, deemed inserted from 1 April 2021, clarifies that an approval by an income-tax authority in assessment, reassessment or recomputation proceedings is administrative and supervisory, and is not invalid for insufficiency of reasons recorded or for any defect in the form or manner of its authentication or communication, including whether a digital signature has been appended where the approval is granted electronically.

Operative consequences

• A defect of form does not invalidate the return, assessment, notice or proceeding where the substance conforms to the Act.
• The cure is limited to "mistake, defect or omission"; a proceeding that is not in substance and effect in conformity with the Act is not saved.
• Sections 292BA and 292BC each operate "notwithstanding anything contained in any judgment, order or decree of any court".

Status

Section 292B is operative for assessment year 2026-27. It is not time-limited. The Finance Act, 2026 did not amend the text of section 292B, but inserted sections 292BA and 292BC beside it.

The 1961 Act governs assessment year 2026-27 and earlier; the Income-tax Act, 2025 governs tax year 2026-27 onwards. For this subject the 2025 Act provision is s. 522, whose sub-sections (2) and (3) were substituted in by the Finance Act, 2026.