18.3. From the reading of aforesaid Clause, it is evident that Assessing Authority before proceeding to frame best judgment assessment is not required to intimate the basis for arriving at best of judgment assessment or to take any other step for proceeding to assess. The Assessing Authority after issuing first notice may proceed to assess the best of judgment without second notice, without taking any other step, without intimating basis for arriving at best of judgment assessment, however, Assessing Authority is bound to proceed within the period of five years which has been specified under Section 28(4) of 1973 Act. The aforesaid clause is not mandating that it shall not be necessary to proceed within five years as specified in Section 28(4) of 1973 Act. Section 28A of 1973 Act has dispensed with requirement of second notice, opportunity of hearing, disclosure of basis for arriving at best of judgment assessment, however, it has not dispensed with requirement of proceeding within five years period as prescribed under Section 28(4) of 1973 Act. Any other reading would amount to violence to aforesaid Section. The language of Section is clear and unambiguous. The intent and purport of legislature to insert aforesaid Section was to dispense with requirement of second notice as well as opportunity of hearing. There was no intention of legislature to dispense with requirement to proceed within five years period as prescribed under Section 28(4) of 1973 Act. If contention of State is accepted, it would amount to substitution of word “for” used in between the words “step” and “proceeding” by expression “or”. If word “for” is substituted by word “or”, the stand of Revenue would be vindicated. The legislature has used word “for” which makes it clear that for proceeding to assess to the best of
