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1973 (2) TMI 20 - HC - Income TaxThis is an application under article 226 of the Constitution for issue of a writ in the nature of mandamus directing the respondents to cancel or to rescind the said notice issued under section 148 - When the Tribunal observes that the amounts in question must have been earned in an earlier year whether it is a finding or direction within the meaning of section151 and whether it saves limitation for reassessment of an earlier year - observation that the said sum of Rs. 25,000 was earned by the assessee in earlier year or years, that is to say, in years prior to the assessment year 1959-60, cannot be the finding or direction within the meaning of the expressions used in sub-section (1) to section 150 of the Act of 1961 and section 150 would not be attracted for the purpose of giving effect to the aforesaid directions and observations - this application must succeed.
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