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Section 149 of the Income-tax Act, 1961 - Income escaping assessment - Time limit for issuance of notice [Assessment year 1994-95] [In favour of revenue] V.A. Kamat Bros. v. ITO [2010] 228 CTR 290 (Bom.) Where return was filed long time after expiry of time available under section 139, it would be non est; as per section 149(b)( iii), ten years' time-limit was applicable for completing assessment of escaped income of Rs. 1,61,144. Shivan Dessai for the Appellant. S.R. Rivonkar for the Respondent. JUDGMENT B.P. Dharmadhikari, J.:: The assessee's appeal came to be admitted on 7th Oct., 2003 without formulating any substantial questions of law. On 22nd Jan., 2009, this Court directed the assessee to submit these questions and accordingly on 17th Feb., 2009 following two questions have been formulated : " 1. Whether the assessment proceedings are ab initio void being barred by the limitation prescribed under the IT Act and the said proceedings having been commenced after the limitation period are non est and ab initio void ? 2. Whether the provision of section 184(5) of IT Act, 1961 could be invoked by the AO in the absence of proceeding under section 144 being initiated by the authorities ?" In this background, we have heard advocate Mr. Shivan Dessai for the appellants and Mr. Rivonkar for the Department. 2. The facts are not much in dispute. The challenge is to the order of the Tribunal, Panaji Bench, Panaji, dt. 17th March, 2003 whereby the appeal filed by the assessee came to be dismissed and order of CIT(A) against him was maintained. The relevant assessment year is 1994-95. 31st Aug., 1994 was the date by which return for the said year ought to have been filed. The assessee who had paid advance tax of Rs. 8,000 did not file any return. He however on 9th Jan., 1998 voluntarily filed a return for that year. On 8th Aug., 2000 notice under section 148 of the IT Act, 1961 was then served upon the appellant calling upon him to file his return in the prescribed form. The appellant/assessee did not comply with it and on 6th Sept., 2000 he was served with another notice purporting to be under section 142 calling for accounts, certain documents and particularly…

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