1992 (2) TMI 71

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.... judgment of the court was delivered by G. T. NANAVATI J. -The Commissioner of Income-tax has filed this application, as the Tribunal has refused to refer to this court the question proposed by him. The question which the Commissioner wanted the Tribunal to refer to this court reads as under : "Whether the Appellate Tribunal is right in law and on facts insetting aside the order made by the ....

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....rtaking and business prior to February 28, 1977. Since the profits of the assessment years 1976-77 and 1977-78 were assessed in the hands of the assessee and not in the hands of Elscope Pvt Ltd., the liability for payment of taxes in respect thereto was of the assessee. Thus, the claim of the assessee was well founded and rightly the Income-tax Officer had not committed any error in allowing the c....