1981 (5) TMI 65

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....wing common questions, said to arise from the combined order of the Tribunal dt. 31st October, 1980 to the Hon'ble High Court for its opinion: (1) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the finding of the AAC that the ITO was not justified in taking action u/s. 147(b) of the IT Act, 1961. (2) Whether on the facts and in the circu....

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....was not justified in taking action u/s. 147 (b) of the IT Act, 1961. He, therefore, quashed the reassessment orders pertaining to the years under appeal. Aggrieved, the revenue came up in appeal to the Tribunal. The latter agreed with the AAC that no valid action could have been taken u/s. 147(b). There was controversy before the Tribunal as to under which clause, either cl. (a) or cl. (b) action ....

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....Hon'ble Supreme Court in the case of Indian and Eastern Newspaper Society vs. CIT (1979) 12 CTR (SC) 190: (1979) 119 ITR 996 (SC), the Tribunal took the view that the audit party was not competent to give any information of law. It is, therefore, clear from the order of the Tribunal that it was of the view that the audit party simply furnished the information as to the law. No information as to th....