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1978 (11) TMI 24 - CALCUTTA HIGH COURTExtract: .......se of Gangadhar Banerjee and Co. (P.) Ltd. 1965 57 ITR 176, and by the High Court in the cases cited by Mr. Bajoria, it must be held that the Tribunal was right in cancelling the order under s. 23A(1) of the Act. In the result, we answer the question in the negative and in favour of the assessee. There will be no order as to costs. DEB J.--I agree.
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