says that "definite information" may just as well be information as to the state of the law as information as to the state ... information which has come into his possession. Therefore, the information which must come into the possession of the Income-tax Officer must be information which
says that " definite information " may just as well be information as to the state of the law as information as to the state ... information which has come into his possession. Therefore the information which must come into the possession of the Income-tax Officer must be information which
Officer, Central Circle II-C, Bombay, recorded that in consequence of definite information that had come into his possession, he had discovered that profits ... beyond the prescribed period are not acceptable because there is 'definite information' available from the report of the Income-tax Investigation Commission that
excessive relief, and this discovery must be the result of definite information and this definite information must have come into his possession. The officer cannot ... does not appear from the assessment order what was the definite information which had come into the possession of the officer in order to enable
case of a mere suspicion. It may be based upon some definite information acquired from a reliable source that a certain person is in possession ... reasonable belief inspired in him by some definite materials by way of some definite information or otherwise; so that he could be said to seize
bound at this stage to produce his books or give any information or explanation, reliance was placed on a Division Bench Ruling of the Allahabad ... satisfaction must be that of a reasonable man, (i.e., the definite information in his possession should lead to the conclusion) that income has escaped
asserting this position it would not be possible to come to any definite conclusion on this aspect. It is true that in the statement ... been furnished by the petitioner-board. In other words, certain definite information was in the possession of the Income-tax Officer and on a prima
basis
of such information, the Assessing Officer issued
notice for reopening of the assessment. The
question, therefore, arose whether the
information contained ... letter of Directorate
of Investigation could be said to be definite
information and the Assessing Officer could act
upon such information for taking action under
requirement of that section then was that in consequence of "definite information" the Income-tax Officer "discovers" that the income ... escaped assessment, etc. Beaumont C.J. held that "definite information" denoted that there must be some information as to a fact, though
section, there had to be a discovery on the basis definite information, whereas under the new section it is sufficient if there is reason