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1993 (11) TMI 54 - HC - Income TaxExtract: .......ll be only a capital receipt. From this angle also, the stand of the Department cannot be considered to be consistent or in conformity with the provisions of section 17(3) of the Act. Therefore, it cannot be held that the stand taken by the Income-tax Department is in conformity with the provisions of the Act. Accordingly, the petition is rejected.
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