TMI Blog1977 (5) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... cle 226 of the Constitution, the petitioner has challenged the notices dated March 22, 1972 (annexures Nos. I to 3 to the writ petition), issued by the Income-tax Officer under section 147 of the Income-tax Act, 1961. These notices relate to the assessment years 1964-65, 1968-69, 1970-71 and 1971-72. The learned standing counsel did not dispute that the notice relating to the assessment year 197 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on September 30, 1963, and that throughout his services were loaned to the assessee. This information, according to the Income-tax Officer, would lead to the inference that the retirement benefit including gratuity paid to this officer should have come from the British India Corporation Ltd., or M/s. Begg Sutherland and Company and not from the assessee-company since M. L. Soni was never an employ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned notice issued to the assessee for the assessment year 1964-65 was in accordance with section 147(a) of the Act : In regard to the notices under section 147(b) issued for three other assessment years, the Income-tax Officer has stated in the reasons recorded by him that such notices were issued as a result of a letter written to him by the Inspecting Assistant Commissioner of Income-tax conv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r v. Central Board of Direct Taxes [1977] 107 ITR 570 (All) a Division Bench of this court (of which one of us was a member) held that an information coming from the audit department of the Ministry of Law would amount to "information" within the meaning of section 147 of the Income-tax Act. In view of this ruling, we are unable to accept the contention of Sri Jagdish Swarup, learned counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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