TMI Blog1989 (1) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment year 1977-78. The assessee received refund of sales tax amounting to Rs. 72,535 during the previous year ended on December 31, 1976, relevant to the assessment year 1977-78. After deducting the amounts returned by the assessee to its customers, the balance was fixed at Rs. 59,772. This amount was brought to tax under section 41(1) of the Income-tax Act. The assessee pleaded that the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions formulated in para 5 of the original petition may be referred to this court for decision. The Appellate Tribunal, by order dated October 12, 1987, rejected the said application. Thereafter, the assessee has filed this original petition under section 256(2) of the Income-tax Act. We heard counsel for the petitioner/assessee, Mr. Pathrose Mathai, as also counsel for the Revenue, Mr. P. K. R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this court in Marikar (Motors) Ltd.'s case [1981] 129 ITR 1, we are of the view that no referable question of law, as formulated in para 5 of the original petition, arises for consideration. We are further of the view that the decision of this court in Marikar (Motors) Ltd.'s case [1981] 129 ITR 1, is substantially in accord with the earlier Bench decision of the Gujarat High Court in Motilal Amba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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