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The appeal by the assessee was against the addition of Rs. 64,000 for excessive expenses incurred in purchasing Sal-seed. The CIT (Appeals) found the expenses to be higher than other dealers. The assessee's contention was that the ITO did not lay the foundation for applying the proviso to s. 145(1). The Tribunal set aside the previous orders and directed a fresh assessment by the ITO. The appeal was treated as allowed.
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