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1984 (5) TMI 35 - HC - Income TaxExtract: .......usion that s. 43(5) only covers cases where a contract is settled without breach, and not cases where there is a breach followed by a settlement of the quantum of the damages, we answer the question referred to us in the affirmative and against the Department. As there is no appearance for the assessee, we leave the parties to bear their own costs.
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