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1995 (5) TMI 12

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..... ect the Income-tax Appellate Tribunal to refer to this court the following question of law which arises out of the Tribunal's order dated October 7, 1991. " The contributory provident fund of the assessee was recognised with effect from April 30, 1984. As such this fund was not recognised for the assessment year 1977-78. Therefore, the question of law arises whether on the facts and circumstance .....

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..... ce was declined mainly on the ground that the question sought to be referred to this court now was allegedly not raised before the Commissioner of Income-tax. It may not be out of place to mention that despite the order of assessment, the respondent-appellant had not sought judgment on the point now sought to be referred even though its determination was necessary for the purposes of adjudicating .....

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