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2009 (1) TMI 82 - BOMBAY HIGH COURTITAT deleting the additions in respect of Sales Tax refund - Tribunal has not decided whether on merits such addition was justified or not- ITAT was not justified in concluding that since question of refund is subjudice, the income received by the assessee towards the refund could not have been added in the total income – findings of the ITAT that Sales Tax refund should not be assessed as income till the litigation reaches finality is contrary to the provisions of S. 43 B - matter remitted
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