1979 (11) TMI 166

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..... e ITO started reassessment proceedings in this case on the alleged information submitted by an audit note. The assessee had raised an objection against the legality of reopening at the assessment stage. But this was overruled. AAC also rejected the assessee s case relying on the decision in R.K. Malhotra vs. Kasturbai Lalbai (1). The above decision has been substantially overruled by the decision .....

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..... rn Newspaper Society (2). It is not necessary for us to go in detail into this question. Even if this be so in the present case there is no application of the incorrect law by the ITO pointed out or received as information from the audit going to sustain the Department's case. The internal audit Department referred to certain discrepancies in respect of depreciation whereas the Revenue audit refer .....

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