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2013 (11) TMI 316 - AT - Income TaxAddition wrongly made u/s 68, instead of section 69 of the Income Tax Act – Held that:- Factual position of the cash being received - If in assessee’s view section 69 is applicable, so be it. It is trite that as long as an action is authorized or governed by a provision, mere wrong mention of provision would be to no consequence. Further, it is the correct legal position that is relevant, and is to be applied, and not the view that the parties may take of their rights in the matter [CIT v. C. Parakh & Co. (India) Ltd. [1956 (3) TMI 1 - SUPREME Court] – Decided against the Assessee.
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