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1996 (3) TMI 49

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..... TIWARI J. -- The applicant (Commissioner of Income-tax, Bhopal) has filed this application under section 256(2) of the Income-tax Act, 1961 (for short "the Act"), seeking a direction to the Tribunal to state the case and to refer the proposed question of law after rejection of the application registered as R. A. No. 441/Ind of 1991 for the assessment year 1984-85 on January 10, 1992, arising out....

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....d. [1970] 77 ITR 518 (SC) and permitted the carry forward of the loss. Aggrieved, the Department filed the appeal before the Tribunal. The Income-tax Appellate Tribunal placed reliance on Co-operative Marketing Society Ltd. v. CIT [1983] 143 ITR 99 (MP), and dismissed the appeal as meritless. The Department then filed an application under section 256(1) of the Act, which was rejected. Thereafter t....