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Income Tax

HC cannot hear appeal bipartite without framing any substantial question of law

Case Law Details

Case Name
Pr. CIT Vs M/s Yes Bank Ltd. (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007-08
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Pr. CIT Vs M/s Yes Bank Ltd. (Supreme Court of India) The main issue involved in this appeal, as rightly taken note of by the High Court in para 6, was with regard to the applicability of Section 35-D of the Act to the respondent­ assessee(Bank). It was, however, not decided. In our view, the High Court should have framed the substantial question of law on the applicability of Section 35-D of the Act in addition to other questions and then should have answered them in accordance with law rather than to leave the question(s) undecided. It was brought to our notice that the issue with regard to...
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