1984 (4) TMI 9

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....ed to this court for its opinion by the Income-tax Appellate Tribunal at the instance of the Revenue 1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the sum of Rs. 37,435 was not assessable under section 45 of the Income-tax Act read with section 54 in the hands of the assessee ? 2. Whether the Appellate Tribunal's vi....

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....s for claiming exemption under section 54 in M Viswanathan v. CIT [1979] 117 ITR 244, CIT v. R. Mala [1982] 135 ITR 302 and S Radhakrishna v. CIT [1984] 145 ITR 170. The above decisions clearly cover the questions referred to us. The learned counsel for the assessee, however, refers to a decision of a single Judge of the Delhi High Court in S. Harnam Singh Suri v. CBDT [1984] 145 ITR 159, which ha....