2016 (5) TMI 725

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....R Heard Sri Alok Mathur, learned counsel for the appellant. The contention of the learned counsel is that the deeming provision of Section 292BB creates a fiction and it overcomes the hurdle of notice, once a response is filed by an assessee to the proceedings initiated upon the issuance of a notice under Section 143(2) of the Income Tax Act, 1961. The facts which are undisputed are that a retu....

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....he notice under Section 143 (2) has been issued after the expiry of six months as provided for in the aforesaid provision on 5.11.2009. Learned counsel Sri Mathur has relied upon a Division Bench judgement of Punjab & Haryana High Court in the case of Commissioner of Income Tax v. Panchvati Motors (P.) Ltd., (2011) 243 CTR (P&H) 189, to contend that the issuance of notice had not been agitated be....

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....ated 19.8.2014 has been placed before us. We have perused the said judgement. The judgement proceeds on the legal assumption that there is distinction between the issuance of notice and the service of a notice as contemplated under Section 143 (2) read with 143 (3) of the Income Tax Act, 1960 and Section 292BB of the said Act. On a close scrutiny, we find that Section 292BB uses the words 'se....