Sec. 32(2) & 44BB of Income Tax Act, 1961— Non-resident— Sub-s. (1) of s. 44BB starts with non obstante clause over-riding anything contained to the contrary in ss. 28 to 41 which includes s. 32 also and in that view of the matter, in plain terms, the legislature has ruled out applicability of sub-s. (2) of s. 32 while computing the profits and gains of an eligible assessee arising out of the business in terms of sub-s. (1) of s. 44BB. The deeming fiction provided under sub-s. (1) of s. 44BB relates to the profits and gains of an assessee arising out of a business and is not directly connected with or co-related with the non obstante clause with which, the said sub-section begins, ruling out any conflict with the provisions contained in ss. 28 to 41 — BOSKALIA INTERNATIONAL DREDGING Vs. DY. DIT [2020] 313 CTR 360 (BOM)