1990 (2) TMI 36

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.... petitioner seeks reference of the following question of law to this court : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in cancelling the order under section 263 of the Income-tax Act, 1961, passed by the Commissioner of Income-tax, as a result of failure on the part of the Income-tax Officer to make any enquiries regarding ....

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....at, on merits, the decision of the Income-tax Officer to treat the moneys received as gifts was correct and, secondly, there was no error committed by the Income-tax Officer and that there was nothing more which he could investigate into than what he had already done. The order of the Commissioner of Income-tax was, accordingly, quashed. In our opinion, the Tribunal had, on merits, come to the ....