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1989 (9) TMI 407 - CALCUTTA HIGH COURT
.......rovisions of law. If the predecessor-company could be assessed and was available for assessment, no proceeding could be taken against the successor under section 170(2). 8. In that view of the matter, the question referred to is answered in the affirmative and in favour of the assessee. There will be no order as to costs. B.P. Banerjee, J. I agree.