2013 (3) TMI 152

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..... II of 2012 Since the case is already listed for hearing, therefore, application for early hearing is dismissed. ITA No. 224 of 2010 This appeal is preferred against the order of the Income Tax Tribunal passed in the appeal filed by the appellant herein challenging the order of CIT. Perusal of the order shows that the appeal was dismissed for non prosecution inter alia observing as under:- "Res .....

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..... the judgment of this Court in CWP No. 11328 of 2009, decided on October 3, 2012. Learned counsel for the Revenue is right in his submissions that questions of law do not arise out of impugned order in-as-much as those questions of law have not been decided at all by the Tribunal on merits. It would, therefore, be more appropriate for the appellant to move the Tribunal and make an application fo .....

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