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1974 (2) TMI 11 - ALLAHABAD HIGH COURTExtract: ....... and considered by the Tribunal and, as such, the question did arise out of the order of the Tribunal and the High Court considered its applicability. Such is not the case here. We, accordingly, answer the question in the affirmative, in favour of the assessee and against the department. The assessee is entitled to costs which we assess at Rs. 200.
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