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2012 (11) TMI 414

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..... sessee for the assessment year 2006-2007 is directed against the order of the CIT(A)-XIV, Ahmedabad dated 9.11.2009. 2. At the time of hearing, none appeared on behalf of the assessee appellant. However, the assessee has filed written submissions for consideration of the Tribunal. Accordingly, the appeal of the assessee is being decided ex parte qua the assessee-appellant on merit after hearing .....

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..... e are of the view that the interest on FDR could not be considered as income derived from "industrial undertaking" eligible for deduction under Section 10(B) of the Act and accordingly order of the CIT(A) is confirmed and the ground no.1 of the assessee is dismissed. 5. The ground no.2 of the assessee's appeal is as under: '2. The ld.CIT(A) has erred in law by considering assessment order and ma .....

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..... dry balance written off could not be accepted to be derived from "industrial undertaking" eligible for deduction under Section 10(B) of the Act, and accordingly, the ground no.2 of the assessee's appeal is dismissed. 7. The ground no.3 of the assessee's reads as under: "The ld.CIT(A) has erred in law by considering assessment order and made disallowance of Rs.2,56,024/- building material sale." .....

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..... atter, we confirm the order of the CIT(A) in holding that the sale of building material could not be accepted to be derived from "industrial undertaking" eligible for deduction under section 10(B) of the Act, and the ground no.3 of the assessee's appeal is dismissed. 9. In the result, the appeal of the assessee is dismissed. Order pronounced in Open Court on the date mentioned hereinabove.
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