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TMI Blog1987 (3) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... ection of this court in O.P. No. 9391 of 1982, the following two questions have been referred to us by the Income-tax Appellate Tribunal, Cochin Bench : " 1. Whether, on the facts and in the circumstances of the case, the subsidy received from the Rubber Board is income of the assessee ? 2. Whether, on the, facts and in the circumstances of the case, the reopening of the assessment under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an assessee was income in his hands. On receipt of that information and pursuant to the notice issued under section 148 of the Income-tax Act, 1961 (" the Act "), the officer reopened the assessment and added the subsidy amount as income of the assessee. The assessee appealed against that order. The Appellate Assistant Commissioner reversed the order stating that there was no valid ground for sus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the point by the highest court of the land and the object of the Board's circular is to convey that information. It is not the object of the circular to express an opinion, for no such opinion was called for. Once the Supreme Court has pronounced upon the matter, the question is, in the absence of subsequent overriding legislation, concluded and the opinion of any other person is of no relevance. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cated to him. He acts in a quasi-judicial capacity and must, therefore, act independently and on the strength of the information available to him. The mere fact that a circular contains, apart from the information, the opinion of the writer, would not by itself make the information invalid or unacceptable, provided it is separable from the opinion. While the officer must eschew the opinion, he is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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