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1970 (10) TMI 26 - HC - Income Tax"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the requirements of proviso (b), clause (vib), of sub-section (2) of section 10, of the Indian Income-tax Act, 1922, for creation of development rebate reserve have been satisfied ?" - In our opinion it was open to the assessee to make these entries at any time before the assessment was completed. The entries only become final as and when they are accepted or rejected by the Income-tax Officer, i.e., when the assessment is made. Till then, they are in a fluid state and any error or defect in them could be corrected.For the reasons recorded above, we reply the question referred to us in the affirmative, that is, against the department
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