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1997 (12) TMI 142 - AT - Income TaxExtract: ....... the assessee on set aside and the case was capable of being decided on merits one way or the other, by the Tribunal itself. In concluding, I agree with the learned Account Member in respect of the fourth point of difference as well. 13. The matter would now go back to the Division Bench for passing an order in accordance with the majority opinion.
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