1993 (3) TMI 46

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..... ts) Surtax Act, 1964, the Income-tax Appellate Tribunal has referred the following question at the instance of the Revenue for the opinion of this court : " Whether, on the facts and in the circumstances of the case and having regard to the decisions of the Bombay High Court in the cases of Marrior (India) Ltd. [1977] 107 ITR 35 and Shree Ram Mills Ltd. [1977] 108 ITR 27, the Tribunal was correc .....

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..... ed on behalf of the assessee with the help of certain decisions of this court in CIT v. Marrior (India) Ltd. [1977] 107 ITR 35 and Shree Ram Mills Ltd. v. CIT[1977] 108 ITR 27, that the Income-tax Officer could not have taken action under section 13(1)/14(1) of the Surtax Act, as there was no mistake apparent from the record or, in any event, the mistake was such which could not be resolved withou .....

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..... cer under those sections were clearly bad in law. In this view of the matter, he submitted that no infirmity could be found in the order of the Tribunal under reference. Faced with this position, learned counsel for the Revenue strongly supported the action of the Income-tax Officer and justified the passing of the order under section 13(1)/14(1) of the Surtax Act. On due consideration of the su .....

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