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1993 Supreme(Del) 202

D.P.WADHWA, VIJENDER JAIN, VUENDER JAIN
RAVINDER SINGH – Appellant
Versus
COMMISSIONER OF INCOME TAX, NEW DELHI – Respondent


Advocates Appeared:
ANUP SHARMA, DIPAK CHOPRA, R.C.PANDEY, RAJENDRA PRASAD AGRAWAL

D. P. WADHWA, J;

( 1 ) STATEMENT of case in the both the reference applications is same and pertain to the assessment year 1976-77. Referable questions in each of these applications are as under:- I. T. R No. 298/92: (Assessee Rnvinder Singh-HUF)

"whether on the facts and in the circumstances of the case the Income- tax Appellate Tribunal was legally correct in upholding the applicability of the provisions of section 28 (iv) of the Income-tax Act and sustaining the inclusion of the amount of Rs. 24,885. 00 to the income of the assessee ?"i. T. R. No. 299/82: (Assessee Joginder Singh-HUF)

"whether on the facts and in the circumstances of the case the income- lax Appellate Tribunal was legally correct in upholding the applicability of the provisions of section 28 (iv) of the Income-lax Act and sustaining the inclusion of the amount ofrs. 51,320. 00 to the income of the assessee ?"

( 2 ) IT were the assessees who sought reference of these questions on applications filed under section 256 (1) of the Income-tax Act, 1961 (for short the Act ). The Income- tax Appellate Tribunal. Delhi Bench, New Delhi, sent in the statement of the case to this Court for its opinion on the aforesaid questio















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