1989 (9) TMI 388

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....law has been referred to this Court by the Tribunal under section 256(1) of the Income-tax Act, 1961 ('the Act'): "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the Income-tax Officer was not justified in assessing the receipt of ₹ 21,866 to tax for the assessment year 1974-75 by invoking the deeming provisions contained i....

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....d as his professional income inasmuch as he had discontinued his profession and the income was received after such discontinuance. The AAC accepted the assessee's claim and deleted the income after he had ceased to be an advocate. The revenue thereafter came in appeal before the Tribunal. The Tribunal after hearing the representatives of the parties relied upon an earlier decision in Justice R....