1989 (7) TMI 55

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....s court in Original Petition No. 6578 of 1982, the Income-tax Appellate Tribunal has referred the following question of law for the decision of this court : "Should not the Tribunal have held that section 68 can apply only if the cash credits are found in the, books of the applicant himself and not in the books of the firm of which he was only a partner ?" The petitioner is an assessee to income....

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....stion of law for the decision of this court. We heard counsel. On a bare perusal of the statement of the case, it is seen that the question as to whether section 68 of the Income-tax Act can apply only if the cash credits are found in the books of the assessee himself and not in the books of the firm of which he was only a partner, was not raised before the Tribunal and was not considered by it. ....