1972 (11) TMI 18

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..... eferred the following question for the opinion of this court : " Whether, on the facts and in the circumstances of the case, it has been rightly held that no notice under section 142(1) was necessary to complete the assessment tinder section 144 ? " The assessee is a Hindu undivided family and the assessment relates to the year 1963-64. The Income-tax Officer served on the assessee a notice unde .....

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..... ct reads thus : " If any person-  (a) fails to make the return required by any notice given under sub-section (2) of section 139 and has not made a return or a revised return under sub-section (4) or sub-section (5) of that section, or (b) fails to comply with all the terms of a notice issued under sub-section (1) of section 142, or (c) having made a return, fails to comply with all the t .....

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..... e conditions are alternative and not cumulative. In view of the said decision, it is conclusive under the 1961 Act also. It was, however, argued by Sri Albal, learned counsel for the assessee, that there is a change in the language of section 142(1) and the word " may " occurring in sub-section (1) of section 142 has to be read as " shall " and mandatory. We are unable to accept the said contentio .....

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