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    <title>1997 (11) TMI 4 - Supreme Court</title>
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    <description>The entitlement to carry forward loss for different assessment years and the effect of section 139 of the Income-tax Act, 1961 required separate examination for each year on the available facts. The existing record did not show that this distinction had been properly considered, even though the questions involved issues of law. Full consideration by the High Court was therefore warranted in a reference under section 256(2), and the refusal to direct a reference was not justified. The questions of law were directed to be referred to the High Court.</description>
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      <description>The entitlement to carry forward loss for different assessment years and the effect of section 139 of the Income-tax Act, 1961 required separate examination for each year on the available facts. The existing record did not show that this distinction had been properly considered, even though the questions involved issues of law. Full consideration by the High Court was therefore warranted in a reference under section 256(2), and the refusal to direct a reference was not justified. The questions of law were directed to be referred to the High Court.</description>
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