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1986 (9) TMI 116 - AT - Income TaxExtract: .......ve case. Therefore, this decision can also not be taken advantage of by the assessee. We are, therefore, of the considered view that the preliminary objection taken on behalf of the department is correct and so the present miscellaneous application is not maintainable. 5. Accordingly, the application of the assessee applicant fails and is rejected.
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