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1989 (1) TMI 27

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....d by GOKAL CHAND MITAL J.-On a mandamus issued by this court, the Income-tax Appellate Tribunal, Amritsar, has referred the following question "Whether, on the facts and circumstances of the case, the Tribunal is right in holding that the addition under section 69A of the Income-tax Act on account of value of gold biscuits Rs. 42,000 seized by the customs authorities cannot be allowed deduct....

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....e the Appellate Assistant Commissioner failed as also before the Tribunal. The assessee had claimed deduction of the value of the gold as a trading loss under section 37 of the Income-tax Act, 1961 (for short "the Act"), in view of the confiscation order passed by the Customs Department which was disallowed by all the authorities up to the Tribunal, and, on these facts, this court issued mandam....