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Tin Box Company vs Commissioner Of Income-Tax on 27 February, 2001

In-fact, in a somewhat similar situation the Hon'ble Supreme Court in the case of Tin Box Company vs. CIT (2001) 249 ITR 216 (SC) held that once it is established that the Assessing Officer had not given to the assessee an appropriate opportunity of being heard, that the assessee had an opportunity before the higher appellate authorities was really of no consequence, for it was the assessment order that counted inasmuch as the assessment order was required to be made only after the assessee had been allowed a reasonable opportunity of being heard.
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