Commissioner of Income Tax vs Sant Ram Mangat Ram

J.S. Kheshar, J.—It is not a matter of dispute, that the view expressed by the Assessing Officer was solely based on the opinion of the audit objection without any independent determination in respect thereof by the Assessing Officer during the course of reassessment. The legal position in respect of the instant issue has been finalized by the Supreme Court in Indian and Eastern Newspaper Society, New Delhi Vs. Commissioner of Income Tax, New Delhi, , wherein the Apex Court concluded, that an opinion of an audit party of the Income Tax Department on a point of law cannot be regarded as information within the meaning of Section 147(b) of the Income Tax Act, 1961, for the purposes of re-opening of an assessment. Since it is not a matter of dispute, that in the present case the reassessment made by the Assessing Officer vide order dated 25-3-1987 was based solely on the advice of the audit, and it has not been repudiated, that the Assessing Officer did not take into consideration any material besides the audit objection, we are satisfied, that the impugned order passed by the Income Tax Appellate Authority dated 8-1-1992, setting aside the reassessment order passed by the Assessing Officer dated 25-3-1987, calls for no interference.

Dismissed.