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1984 (5) TMI 12 - HC - Income TaxExtract: .......vant to rule 40 and the application of section 217 as it existed at the relevant time. So, we think it is a question of fact rather than a question of law. And as the facts are not ascertained, we do not see how a question of law arises. In the circumstances, we are compelled to reject the application, but leave the parties to bear their own costs.
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