Section 292BB not applicable on failure to issue notice U/s. 143(2)

Alok Mittal Vs. Dy. CIT (ITAT Kolkata) Provisions of section 292BB are applicable where there is a failure to serve the notice and not where there is a failure to issue the notice under section 143(2). He has contended that the issuance of notice under section 143(2) before completing the assessment is a statutory requirement as held by the Hon’ble Supreme Court in the case of Asstt. CIT v. Hotel Blue Moon (2010) 321 ITR 362 and the failure to issue notice under section 143(2) in compliance with such statutory requirement is not covered under section 292BB. In support of this contention, h...