1983 (11) TMI 87

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....he order of the Commissioner passed under section 263 of the Income-tax Act, 1961 ('the Act'), to withdraw the relief granted under section 54 of the Act on the ground that the benefit of that section is not available to a HUF. It has been brought to our notice that the Karnataka High Court has held by order dated 2-8-1983 in IT Reference No. 234 of 1982 that the provisions of section 54 do not ap....

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....ial to revenue and another part is also erroneous but prejudicial to the assessee, it is not possible to accept the claim of the revenue that only that part which is prejudicial to the revenue will be revised which would definitely lead to an unjust assessment. The basic principle is that wherever an order is sought to be disturbed, the respondent can support the order by relying on any ground whi....