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2001 (9) TMI 16 - HC - Income Tax"(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that in an assessment under section 144 the assessee need not be given an opportunity of being heard by the Income tax Officer? - (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the addition of cash credits of ₹ 1,81,451?" - After considering the finding which weighed with the Tribunal in confirming the order of the Commissioner of Income-tax (Appeals), it appears that the Tribunal proceeded on the footing that since the assessee did not offer any explanation for the cash credit entries, the amounts in question had to be treated as income under section 68 of the Act. Since that approach is not in consonance with the law laid down by the a ex court in Smt. P. K. Noorjahan's case 1997 (1) TMI 6 - SUPREME Court - We accordingly, do not answer the questions referred to us as the matter is remanded to the Tribunal.
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