ITR No. 133 of 1992 1 In the High Court of Punjab and Haryana, Chandigarh. ITR No. 133 of 1992 Date of Decision: 17.02.2009 The C.I.T., Patiala. ....Reference Petitioner. Versus M/s. Sant Ram Mangat Ram. ....Respondent. Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Mr. Justice Nawab Singh Present: Ms. Urvashi Dhugga, Advocate for the Reference Petitioner. Mr. S.K. Mukhi and Mr. Rajiv Sharma, Advocates for the respondents. ... J.S. Khehar, J. (Oral). It is not a matter of dispute, that the view expressed by the Assessing Officer was solely based on the opinion of the audit objection without any independent determination in respect thereof by the Assessing Officer during the course of re-assessment. The legal position in respect of the instant issue has been finalized by the Supreme Court in Indian and Eastern Newspaper Society Vs. Commissioner of Income Tax (1979) 119 ITR 996, wherein the Apex Court concluded, that an opinion of an audit party of the Income Tax Department on a point of law cannot be regarded as information within the meaning of Section 147(b) of the Income Tax Act, 1961, for the purposes of re-opening of an assessment. Since it is not a ITR No. 133 of 1992 2 matter of dispute, that in the present case the re-assessment made by the Assessing Officer vide order dated 25.3.1987 was based solely on the advice of the audit, and it has not been repudiated, that the Assessing Officer did not take into consideration any material besides the audit objection, we are satisfied, that the impugned order passed by the Income Tax Appellate Authority dated 8.1.1992, setting aside the re-assessment order passed by the Assessing Officer dated 25.3.1987, calls for no interference. Dismissed. ( J.S. Khehar ) Judge ( Nawab Singh ) Judge. 17.02.2009 sk.