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2005 (9) TMI 40 - ALLAHABAD HIGH COURTBest Judgment Assessment - "Whether section 5 of the Indian Limitation Act is applicable to the income-tax proceedings?" - "Whether the Tribunal was correct in law in cancelling penalty imposed under section 273(c) in view of the facts and circumstances of the case when the order dated January 21, 1986 in I.T.A. Nos. 2086 and 2087 (All.) relied upon is already sub judice before the hon'ble High Court by way of departmental application under section 256(1) against it allowed by the Tribunal?" - Tribunal will redecide the appeals on grounds other than the question of applicability of the Limitation Act - we answer the aforesaid question of law in both the income-tax references in the negative, i.e., in favour of the Revenue and against the assessee and hold that section 5 of the Indian Limitation Act is not applicable to the income-tax proceedings under section 146
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