2013 (7) TMI 229

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..... the Respondent : Amit Shukla and S.K. Garg. JUDGMENT:- The above appeal has been admitted on the following substantial question of law :-      1.Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was correct in law in confirming the action of the Commissioner of Income Tax (Appeals) in directing the Assessing Officer to exclude the ' .....

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..... s.21,81,850/-. The Assessing Officer, during assessment proceedings, required the assessee to explain why its income should not be determined in accordance with the provisions of 44AC of the Income Tax Act and why its income should not be computed after including the 'Nirgam Mulya' amounting to Rs.38,37,683/-. 5. The case of the assessee was that the 'Nirgam Mulya' could not be included in the pu .....

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