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2016 (5) TMI 725 - HC - Income TaxDeeming provision of Section 292BB - distinction between the issuance of notice and the service of a notice - notice after expiry period - Held that:- Section 292BB uses the words 'service of notice'. The Division Bench after taking notice of the same has clearly came to the conclusion that the issuance of notice is a sine qua non within the prescribed limits of six months. The same cannot be cured as if the issuance of notice itself is after six months then it is an incurable defect and for that reliance has been placed by the Division Bench on the apex court judgement in the case of Assistant Commissioner of Income Tax and another v. Hotel Blue Moon, (2010 (2) TMI 1 - SUPREME COURT OF INDIA). The interpretation given by the Division Bench in the judgement of Salarpur Cold Storage [2014 (8) TMI 732 - ALLAHABAD HIGH COURT] Section 292 BB of the Act cannot come to the aid of the revenue in a situation where the issuance of a notice itself was not within the prescribed period, in which event the question of whether it was served correctly or otherwise, would be of no relevance whatsoever - Failure to issue a notice within the prescribed period would result in the AO assuming jurisdiction contrary to law. - Decided in favour of assessee.
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