1993 (5) TMI 15

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....petition by an income-tax assessee against the refusal of the Income-tax Department to refund the amount of tax which became refundable as the effect of the decision of this court. In M. C. C. No. 66 of 1985 (Gulabchand Motilal v. CIT [1988] 174 ITR 117), this court, answering a reference under section 256(1) of the Income-tax Act, 1961, at the instance of this very petitioner, held that reassessm....

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....Motilal v. CIT [1988] 174 ITR 117 (MP), (annexure P-9 of the petition), it is clear that it has been unequivocally held therein that assessments for the years subsequent to the assessment year 1970-71 were barred by limitation. As the court was answering a reference, there was no question of quashing of assessment or directing refund. These are consequential things which have to be taken care of b....