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1963 (11) TMI 2 - SC - Income TaxWhether on the facts and in the circumstances of the case the sum of ₹ 94,253 or any part of it accrued or arose or could be deemed to accrue or arise, or was received or could be deemed to be received by the assessee as income, profits and gains during the previous year? Held that:- It seems to us clear that the question of law as framed by the Commissioner does arise on the judgment of the Tribunal. An application under section 66(2) cannot be dealt with by answering that question. This is what the learned judges of the High Court did. We find no reason why the question suggested by the appellant Commissioner should not have been referred. We, therefore, set aside the judgment of the High Court and make an order that the Tribunal do state a case and refer the question mentioned earlier to the High Court for its decision. Appeal allowed.
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