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1996 (11) TMI 48

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..... ion 256(2) requiring the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, to refer the questions of law formulated by the petitioner relate to the assessment years 1981-82 and 1982-83. The assessee is engaged in the manufacturing and export of hosiery goods. During the assessment proceedings for the year 1981-82, a total sum of Rs. 3,60,573 was credited out of which Rs. 40,746 was cr .....

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..... basis, he made the assessment and passed an order dated August 17, 1984. A similar order came to be passed for the assessment year 1982-83. The assessee filed appeals against both the orders which were partly allowed by the Commissioner of Income-tax (Appeals). Against the orders of the appellate authority, the Department filed appeals before the Income-tax Appellate Tribunal, Chandigarh Bench, Ch .....

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..... n the context of the order dated March 26, 1983, passed by the Tribunal the questions formulated by the petitioner should be ordered to be referred for the opinion of the High Court. Shri Mahajan also relied on CIT v. Oswal Woollen Mills Ltd. [1987] 163 ITR 207 (P H), in support of his plea that the question relating to the applicability of section 35B for weighted deduction is a question of law .....

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..... ribunal was right in law in allowing weighted deduction under section 35B of the Income-tax Act, 1961, for the two years, i.e., 1981-82 and 1982-83 ? " Accordingly, these petitions are allowed and the Tribunal is directed to refer the abovementioned questions of law to this court after drawing up a statement of the case and send the same to this court along with the record. - - TaxTM .....

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