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2012 (8) TMI 479 - AT - Income TaxAddition on account of unexplained investment - assessee contested against notice u/s. 142 (1) as issued beyond the prescribed time - Held that:- As per Proviso to S.142 (1)(i) it is clear that any notice served on the assessee after the end of the relevant assessment year shall be deemed to have been served in accordance with the provisions of S.142 (1) - Provisions u/s. 142(1) contain the operative expression, i.e. ‘any notice has been served…, such notice issued to him’ only qualify the conditions issue and service of any notice. The expression ‘any’ in our opinion should cover the impugned notice issued with the delay of 15 months of the end of the relevant assessment year 2005-06 - when there is no express provision limiting issuance of notice u/s 142 (1) within the period of one year from the end of the relevant assessment year, no such limitation can be read into the provision - no substantial force in the argument of assessee that notices u/s 142 (1) cannot be issued when no return of income was filed Notice u/s. 148 - arguments of assessee about applicability of the provisions of S.148 are of no use as it is a separate proceedings and is not the case here that proceedings under S.144 read with S.142 (1) (i) are simultaneously initiated, while the other proceedings under S.148 are in force or vice versa - set aside the matter to the file of the CIT (A) to dispose of the appeal on merits in accordance with law - Revenue’s appeal is allowed for statistical purposes.
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