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2004 (11) TMI 53 - MADHYA PRADESH HIGH COURTInfirmities in the statement of case – power of HC to decline to examine the question referred - "Whether Tribunal was justified in holding that the amount of Rs. 4,48,819 received by the assessee as subsidy was receipt of capital nature?" - In our considered opinion, in the absence of the Scheme, which is the basic document for deciding the true nature of the receipt and also in the absence of copies of several unreported decisions of the Tribunal on which the finding is reached by the Tribunal on the question, this court feels that it is not possible to answer the question referred to this court by the Tribunal on the merits. This court does possess the power to decline to answer the question referred to this court if the aforesaid infirmities are noticed in the statement of case. We, therefore, take recourse to such power though with reluctance and decline to examine the question referred.
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