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1985 (2) TMI 2 - GAUHATI HIGH COURT
Assessment Year, Income Tax Act ... ... ... ... ..... ontrary contained in any other provision of the Act relating to computation of income. The Supreme Court in Shree Sajjan Mills Ltd. v. CIT 1985 156 ITR 585 has categorically held that section 40A, in view of the non obstante clause therein, has an overriding effect over the provisions of any other section. Explaining the provisions of clause (a) of sub-section (7) of section 40A of the Act, which is made subject to clause (b) thereof, the Supreme Court held that the deduction should not be allowed on general principles under any other section of the Act. In view of the foregoing discussion, and the legal position as explained by the Supreme Court in Shree Sajjan Mills Ltd. s case 1985 156 ITR 585, our answer to the first question is in the negative, that is, in favour of the Revenue and against the assessee. So far as the second question is concerned in view of our answer to the first question, it is not necessary to answer the second question. Reference answered accordingly.
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1985 (2) TMI 1 - SUPREME COURT
The prior attachment fastens itself to the proceeds of a sale pursuant to the later attachment. The prior attachment effected by the State similarly fastens itself to the sale proceeds taken away by the decree-holder. The State is, therefore, entitled to recover the amount from the decree-bolder who has taken away the amount. The result, therefore, is, the appeal of revenue(UOI) is allowed
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