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2013 (4) TMI 139 - HC - Income TaxNotice U/s 148 & 142(1) - Non issuance of notice u/s 143(2) - of the Income-tax Act, 1961 - The return filed by the assessee was not taken up for scrutiny and no notice under section 143(2) was issued - Subsequently, the impugned notice U/s 148 was issued and served - Held that:- Admittedly there were no original assessment pro-ceedings and no notice under section 143(2) was issued. The time for issue notice under section 143(2) had lapsed. The Assessing Officer, therefore, could have only examined the question/aspect after issue of notice under sections 147/148 of the Act. Whether or not notice can be issued in such cases is no longer res integra and has been decided by the Supreme Court in case of Asst. CIT v. Rajesh Jhaveri Stock Brokers P. Ltd. (2007 (5) TMI 197 - SUPREME Court ) So long as the ingredients of section 147 are fulfilled, the Assessing Officer is free to initiate proceeding under section 147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when intimation under section 143(1) had been issued. We do not find any merit in the writ petition and the same is dismissed - However, it is clarified that in this order we have not expressed any opinion on the merits - It will also be open to the petitioner to explain and show that the orders of the Tribunal and this court for the assessment years 1990-91 and 1991-92 should not be applied to the assessment year in question due to change of facts/circumstances - In the facts of the case, there will be no order as to costs.
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