TMI Blog2003 (5) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... was valid?" - the first question is answered in the negative, i.e., against the assessee and in favour of the Revenue and the second question, is answered in the affirmative, in favour of the Revenue and against the assessee. - - - - - Dated:- 6-5-2003 - Judge(s) : DR. B. S. CHAUHAN., GHANSHYAM DASS. JUDGMENT In spite of service to the assessee to engage another counsel, no step has been t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come-tax Act, 1961, was valid?" In view of the judgment of the Supreme Court in Indian and Eastern Newspaper Society v. CIT [1979] 119 ITR 996, the information regarding the law by the assessing authority and not its interpretation by the audit party, if the assessing authority applies its mind on the said legal position and finds that it is a case for reopening, the reopening is valid on the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cases furnished the information regarding the law and communicated to the assessing authority. The assessing authority had applied its mind on that law and, therefore, in view of the above, the first question in respect of the assessment year 1976-77 is answered in the negative, i.e., against the assessee and in favour of the Revenue and the second question, which relates to the assessment ye ..... X X X X Extracts X X X X X X X X Extracts X X X X
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