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1993 (6) TMI 53 - HC - Income TaxExtract: .......ad misconceived the facts. Question No. 2 need not be answered at this stage as the Tribunal will have to examine on merits whether, in view of the material on record, it can be said that the said amount was in fact defalcated and the assessee s claim in that behalf was justified. This reference is disposed of accordingly with no order as to costs.
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