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1991 (8) TMI 47

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..... the case, the Tribunal was justified in law in directing the Income-tax Officer to include loans and borrowings in the capital employed for grant of relief under section 80J of the Act?" The reference relates to the assessment year 1977-78. For answering the question referred by the Tribunal, it is not necessary to deal with the facts of the case since the issue at hand is no more res integra an .....

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..... the capital employed for grant of relief under section 80J of the Act. Consequently, the question referred to this court is answered in the negative, i.e., against the assessee and in favour of the Department. In the circumstances of the case, there shall be no order as to costs. Let a copy of this judgment be transmitted to the Assistant Registrar, Income-tax Appellate Tribunal, Patna Bench, Pa .....

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