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1975 (4) TMI 8 - MADRAS HIGH COURTExtract: .......o such rule in the present case, so that the assessee s claim cannot fail because of any element of private gain. For all these reasons, we answer the first question in the affirmative and in favour of the assessee. The second question does not arise for con sideration in view of this answer. The assessee will have its costs. Counsel s fee Rs. 250.
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