M A CHIDAMBARAM Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) .

(2.) AFTER going through the statement of the case and the order of the Tribunal and considering the relevant facts and the principles of law, we are persuaded to refrain from making any order to provide the answer to the questions referred to us. How, in a given case, necessary information for invoking section 147(b) of the Income-tax Act, 1961, is applied has been settled by now by authoritative pronouncements of the Supreme Court and it is conceded at the Bar that the audit report which only will point out a mistake in law, since the auditors are not interpreters of law, their interpretation will not be furnishing the necessary information. In case, however, any omission in respect of any income is pointed out, whether it comes through the audit report or otherwise, it is obvious, the same shall furnish necessary information to satisfy the requirements of the reopening of assessment under section 147(b) of the Income-tax Act. The Tribunal's order in this behalf, it is conceded before us, is correct and needs no interference. Any discussion of the facts or the law on the subject shall only be a reappraisal of the Tribunal's judgment. The reference is accordingly disposed of. No costs.