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1990 (11) TMI 96

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..... r filed a nil return. The petitioner had claimed certain deductions on account of various allowances which were admissible. In appeal, the quantum of deductions allowed was increased considerably. The appeal was decided by the Tribunal on July 1, 1981. In respect of the assessment year 1973-74, the assessment had been made on September 18, 1976. The income assessed was Rs. 8,47,10,120. The conten .....

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..... ome was reduced from Rs. 8,47,10,120 to Rs. 4,32,33,083. The claim of the petitioner before us is for interest on Rs. 57,03,175 which was the enhanced amount of unabsorbed allowance as a result of the Tribunal's order. In our opinion, neither section 240 nor section 244 of the Income-tax Act are applicable to the present case. The Tribunal's order was only in respect of the assessment year 1971- .....

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..... nterest was allowable as a consequence of the order passed for the year 1973-74 under section 244 of the Act has been allowed and paid and there is no dispute with regard to this. We do not agree with learned counsel for the petitioner that the said provision of the Act comes into play in the present case on account of delay on the part of the Income-tax Officer in giving effect to the Tribunal's .....

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