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1989 (3) TMI 388 - CALCUTTA HIGH COURTExtract: ....... the order passed by the ITO when the order of the ITO about the point in dispute had completely merged in the appellate order and was not in existence in the eye of law. 4. Under these circumstances, the question is answered in the affirmative and in favour of the assessee. There will be no order as to costs. Bhagabati Prosad Banerjee, J. I agree.
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