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2002 (7) TMI 31

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..... uestion referred to us is in the negative, i.e., in favour of the Revenue and against the assessee. - - - - - Dated:- 18-7-2002 - Judge(s) : M. S. SHAH., K. A. PUJ. JUDGMENT The judgment of the court was delivered by M.S. SHAH J. - At the instance of the Revenue, the following question of law is referred for our opinion in respect of the assessment year 1979-80. "Whether the Tribunal i .....

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..... CWT v. Radhey Mohan Naraiii [1982] 135 ITR 372 (All) and the Board's Circular No. 347, dated July 7, 1982, accepted the assessee's claim and granted exemption to her under section 5(1)(xxxii) in respect of her capital interest in the said partnership firm. The Tribunal confirmed the order of the learned Appellate Assistant Commissioner. At the hearing of the reference, Mrs. Bhatt for the Revenu .....

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..... ocessing the grey cloth was working directly under the supervision or control of the firm, in respect of whose assets the assessee claimed exemption, nor was it the case that the processing was done by the labour employed by the firm for a purpose of its own, though not at the factory premises of the firm. Nor was it the case that the processing of the cloth by that outside agency was in any way c .....

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