1979 (8) TMI 32

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....-The Tribunal has referred the following question of law for our opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessments in this case for the assessment years 1965-66 to 1967-68 were rightly reopened under section 147(b)? " The question relates to the assessment years 1965-66, 1966-67 and 1967-68. The assessment for the a....

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....o started on the footing that the assessee had concealed the particulars of his income. The Tribunal, however, found in favour of the assessee and directed the ITO to refund the penalty. In order to appreciate the controversy, it will be necessary to state certain facts culminating in the original assessment orders. The assessee filed the details of the rents received from property and municipa....

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....O, however, chose to complete the assessment on the basis of the municipal value. From the order of the Tribunal, it appears that the letter containing the details of the tenants and the rent received was sent to the ITO in a letter dated July 4, 1966. The question that arises for consideration is as to whether in these circumstances the assessment could be reopened under s. 147. There cannot be a....

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....t it could have been obtained during the original assessment from an investigation of the materials on record or the facts disclosed thereby or from other inquiry or research into facts or law but was not, in fact, obtained, does not affect the jurisdiction of the ITO. One thing, however, is necessary and that is that the ITO should not have been aware of the fact which constitutes information for....