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2009 (11) TMI 26

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..... e Limited [2009 -TMI - 34189 - SUPREME COURT], which has been delivered only on 21st July, 2009. The High Court would also consider the tests laid down by this Court in the cases of Commissioner of Income Tax vs. Saravana Spinning Mills Private Limited reported in [2007 -TMI - 1775 - SUPREME COURT OF INDIA], and Commissioner of Income Tax vs. Ramaraju Surgical Cotton Mills, reported in [2007 -TMI .....

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..... of this Court in the case of Sri Mangayarkarasi Mills Private Limited [supra] does not lay down the law across the board and that the said judgement has to be seen in the facts of each case. We express no opinion on the said submission. Accordingly, we remit this matter to the High Court for de novo consideration in the light of the judgement in the case of Sri Mangayarkarasi Mills Private Limited .....

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