TMI BlogEstate Duty Act-Scope of the word 'Information ' in Sec. 59(B).X X X X Extracts X X X X X X X X Extracts X X X X ..... if the Controller of Estate Duty has in consequence of any information in his possession reason to believe that there has been some escapement of estate duty. The provision is analogous to the provision contained in Sec.147(b) of the I.T.Act. It has been held that information may be as to a fact or as to the state of law. In the context of Boards Instructions of November 1976 about the reopening ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred also draw attention to the Supreme Courts observation in that case that "that part of the note of an audit party which mentions the law which escaped the notice of the I.T.O. constitutes information within the meaning of sec.147(b) ". A communication pointing out a statutory provision which has been overlooked might constitute information on a point of law and the fact that the communication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve interpretation is correct and can be accepted. 3. One copy each of Boards instruction of November, 1976(viz.F.No.309/16/76-ED dated 5th November, 1976) and Ministry of Laws earlier opinion dated 22-6-83 referred to in para 1.118 of 178 the report of the PAC (1983-84) are enclosed for ready reference as Annexure-I and Annexure-II respectively. 4. The Board desire that the contents of the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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