1979 (10) TMI 72

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....unal has referred two questions of law for our opinion : " 1. Whether the Appellate Tribunal is legally correct in holding that section 40A(3) of the Income-tax Act, 1961, did not apply to the purchase price in respect of goods purchased for trading or manufacturing and in thus deleting the sum of Rs. 28,150 added by the Income-tax Officer under section 40A(3) of the Act ? 2. Whether, on the fac....

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....hile according to the counsel for the department, the second question was referred at the instance of the assessee. A reference can be made to this court under s. 256 either at the instance of the assessee or of the department. Before a reference can be made an application stating the question of law, in respect of which, either the assessee or the department seeks a reference, has to be moved bef....