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2004 (5) TMI 49 - HC - Income Tax"Whether, the Tribunal was right in holding that the scope of assessments made by the ITO in pursuance of the directions issued u/s 250 by the Appellate Assistant Commissioner (AAC) was limited and the ITO was not competent to include in the taxable income the amount of Rs. 4,29,593 when at the time of the original assessment, the same was not included? - When there was no direction by the AAC to the AO to touch the issue whether on amalgamation, the assets taken over by the assessee-company be treated as transfer for the purpose of S. 45, we agree with the Tribunal that the AO has committed the mistake touching that issue, which was not before the AAC nor any direction has been given by the AAC to this effect. - We answer question No. 1 in the affirmative, i.e., in favour of the assessee
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