2007 (4) TMI 136

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..... ave been referred : "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the provisions of section 80J(1) and 80J(3) will apply with respect of the deficiency of earlier years ? (2) If the reply to the above question is in favour of the Revenue, whether the Appellate Tribunal erred in holding that the benefits of section 80J were at al .....

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..... been accepted by the Department. 5 In the circumstances, our answer to the first question is that the Appellate Tribunal was justified in holding that the provisions of section 80J(1) and 80J(3) will apply with respect of the deficiency of the earlier years. 6 The second question referred basically arises because of the aforesaid change in the constitution of the firm, because of which the Depar .....

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