Jurisdiction - power to issue a notice u/s 61(3), once returns...

Jurisdiction - power to issue a notice u/s 61(3), once returns have been submitted by the assessee before initiating action u/s 74 of the Act - The scrutiny proceedings of return as well as proceeding under Section 74 are two separate and distinct exigencies and issuance of notice u/s 61(3), therefore, cannot be construed as a condition precedent for initiation of action u/s 74 of the Act. - Petition dismissed - HC