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1936 (5) TMI 32 - HC - Income TaxExtract: .......o S. 39 (which in terms is the same as S. 67 of the present Act) it is right to say that the suit does not lie." I agree therefore with my learned brother in holding that respondent's suit was not maintainable. This appeal is allowed with costs. The order of the Lower Appellate Court is set aside and the decree of the trial Court restored.
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