1982 (4) TMI 122

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....hri, but only for the period 1st Oct., 1975 to 31st March,1976 and with the said return she also annexe a note "Income for the period 1st April, 1975 to 31st Sept., 1975 of my minor sons Anup Kumar and Ajay Kumar, i.e. for half year, is shown in the return of income of Anup Kumar and Ajay Kumar." The ITO framed the said assessment under s. 143(3)with an observation that income of minors from 1st Oct., 1975 to 31st March, 1976 has been included in the income of the assessee. 3. Subsequently in the light of the following reasons, the ITO issued a notice under s. 148: The assessee had added back half share of profit of minors under s. 64(Sh. Anup Kumar and Ajay Kumar, minors) with the argument that Amendment Act comes into force w.e.f.1st ....

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.... AAC which is disputed by the Revenue before us. The ld Deptl. Rep. Mr. M.P. Singh vehemently argued that it was not at the instance of the Audit but it was independent application of mind, as the mere reading of reasons extracted and placed above, would show. He also submitted, in the alternative, that the audit does not interpret law but it is interpretation of facts which constitutes information. 6. The ld. counsel for the assessee Mr. D.K. Gupta beside relying on the order of the AAC took us thoroughly through the assessee's paper book which comprised of page 1statement of income, page 2 assessment framed by the ITO originally under s. 143(3), page 3, photostat copy of notice under s. 148,page 4 reminder of the ITO to file return in r....