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1990 (11) TMI 94 - HC - Income TaxExtract: .......TR 457, the Tribunal was right in remitting the case to the Appellate Assistant Commissioner to decide the appeal afresh keeping in view the dictum of law laid down in the said two decisions. The question is thus answered in favour of the assessee, that is, in the affirmative, and against the department, leaving the parties to bear their own costs.
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