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1993 (9) TMI 349 - HC - Income TaxExtract: .......ated 1-2-1980 under section 263 the appeal of the assessee became infructuous. As such, the Commissioner (Appeals) and the Tribunal wrongly held that the appeal has not become infructuous. In view of the above, we answer the question in affirmative in the favour of the assessee and against the department. No order as to costs. In favour of assessee
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