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1995 (5) TMI 16

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.... law has been referred to this court under section 256(1) of the Income-tax Act, 1961, at the instance of the assessee for the assessment year 1971-72 : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the Appellate Assistant Commissioner was wrong in entertaining the assessee's appeal against the Income-tax Officer's order under section 1....

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....not returned by that partner within time, the assessee could not file the application within the prescribed time. The Income-tax Officer, however, held that the assessee has failed without reasonable cause to file the application for renewal of registration-within the statutory time-limit observing that the assessee had not placed before him any evidence and, accordingly, he refused to continue re....

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....ncome-tax Act at the instance of the assessee. Learned counsel appearing for the Revenue submitted before us that there has been a divergent opinion in respect of the issue involved in the present reference. It has also been brought to our notice that the Supreme Court in the case of CIT v. Ashoka Engineering Co. [1992] 194 ITR 645 has now set at rest the controversy with regard to the issue. In ....