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2007 (2) TMI 104

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..... - - Dated:- 6-2-2007 - JUDGMENT The judgment of the court was delivered by RAJESH BINDAL J. 1 The Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (for short, "the Tribunal"), has referred, under section 256(1) of the Income- Act, 1961 (for short "the Act"), the following questions of law for the opinion of this court, which emerge from its order dated March 28, 1992, in I. T. A. Nos. .....

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..... ase for the assessment year 1981-82 are that a notice under section 148 of the Act was issued to the assessee and there being no response, ex parte assessment was framed. The ex parte assessment was vacated in appeal. Thereafter, the assessee filed a return declaring loss. During the assessment proceedings, at the instance of the Assessing Officer, the assessee agreed to addition of Rs 18,300 afte .....

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..... he submissions made before the Tribunal and tried to buttress the same with the entries in the accounts, on the basis of which the Commissioner of Income-tax sought to exercise powers under section 263 of the Act, but he could not dispute that it was on account of those very discrepancies having been pointed out that assessee had agreed for the addition during the course of reassessment proceeding .....

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