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    <title>1974 (10) TMI 13 - GUJARAT High Court</title>
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    <description>Distribution of partnership assets on dissolution was not a transfer or sale of machinery in law, because the assets were merely adjusted and allotted among partners according to their rights; the development rebate could not be withdrawn on that basis. The court also held that such allotment did not amount to utilisation of the development rebate reserve for a non-business purpose, since the statutory concept of &quot;utilised&quot; could not be stretched to cover a non-voluntary division of assets on dissolution. The rectification orders withdrawing the rebate were therefore quashed, with consequential relief to the assessee.</description>
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    <pubDate>Wed, 16 Oct 1974 00:00:00 +0530</pubDate>
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      <title>1974 (10) TMI 13 - GUJARAT High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=39167</link>
      <description>Distribution of partnership assets on dissolution was not a transfer or sale of machinery in law, because the assets were merely adjusted and allotted among partners according to their rights; the development rebate could not be withdrawn on that basis. The court also held that such allotment did not amount to utilisation of the development rebate reserve for a non-business purpose, since the statutory concept of &quot;utilised&quot; could not be stretched to cover a non-voluntary division of assets on dissolution. The rectification orders withdrawing the rebate were therefore quashed, with consequential relief to the assessee.</description>
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      <pubDate>Wed, 16 Oct 1974 00:00:00 +0530</pubDate>
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