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TMI Blog1985 (7) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... t in law in upholding the assessment of annual letting value of house property at Rs. 18,000 ? " Miscellaneous Civil Case No. 192 of 1981 relates to the assessment year 1968-69 and is a reference made under section 256(1) of the Income-tax Act, 1961. Misc. Civil Case No. 198 of 1981 is for the assessment years 1969-70, 1970-71, 1971-72 and 1972-73, and the aforesaid questions have been referred by the Tribunal on a direction by this court under section 256(2) of the Income-tax Act, 1961. It may be mentioned that in the aforesaid question No. 1, the relevant provision for the assessment year 1968-69 is section 147(a) and not section 147(b) mentioned inadvertently in the question framed. It is, therefore, reframed and amended accordingly as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Appellate Assistant Commissioner as well as the Tribunal for all the aforesaid assessment years. At the instance of the assessee, the Tribunal has referred the two aforesaid questions for a decision of this court. It is common ground that in case the aforesaid first question is answered in favour of the assessee, the other question does not arise for decision and the proceedings for reassessment would be without jurisdiction. Having heard both sides, we are satisfied that the first question must be answered in favour of the assessee. In Indian Eastern Newspaper Society v. CIT [1979] 119 ITR 996, it has been held by their Lordships of the Supreme Court that " the opinion of an internal audit party of the Income-tax Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1981 is reframed so as to read section 147(a) in place of section 147(b) therein. For this assessment year, it is sufficient to state that the scope of clause (a) of section 147 is much narrower than that of clause (b). The facts found proved by the Tribunal do not bring the case within the scope of clause (a) which relates to omission or failure on the part of the assessee to make a return or to disclose fully and truly all the material facts necessary for his assessment, etc. Admittedly, all the material facts had been disclosed and were relied on by the Income-tax Officer for making the assessment and the reassessment was made only on the basis that a different principle was to be applied to the same set of facts. Accordingly, even secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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