9911796707
TMI Blog2010 (10) TMI 1022X X X X Extracts X X X X X X X X Extracts X X X X ..... L, J.M. The present appeal has been filed by the assessee against the order of ld. CIT(A) dated 02.03.06 in respect of A.Y. 2002-03. 2. Earlier the appeal of the assessee was disposed off by the Tribunal vide its order dated 21.11.08. Vide miscellaneous application filed against that order it was claimed by the assessee that ground no. 5 raised in the appeal had remained un-adjudicated. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the tax exemption was not given by the AO and CIT(A) and vide para 6 & 7 Tribunal had decided the said issue in favour of assessee. He invited our attention towards para 6 & 7 of the aforementioned order dated 21.11.08 which read as under: - 6. "The next issue for consideration relates to rejecting the contention of the assessee that on interest on tax free SLR Power Bonds of ₹ 72,98,52 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lief may be granted to the assessee. 5. On the other hand, ld. DR relied upon the order of AO and CIT(A). 6. We have carefully considered the rival submission in the light of material placed before us. Para 6 & 7 of the order dated 21.11.08 has already been reproduced in the above part of this order. 7. Therefore, there is no doubt regarding non-taxability of the amount of ` 72,98,52,500/-. If ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e profit and loss account; or (iia) to (viii)……." 8. However, it is seen that AO while disallowing the claim of the assessee has observed that there was some difference in the computation of interest. Apart from that he has assigned a reason in para 4.12 of the assessment order that the assessee did not submit revised form no. 29B which is essential for grant of the relief to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e aforementioned observations of the Tribunal and he will also allow reasonable opportunity of hearing to the assessee. We direct accordingly. This ground of the assessee is allowed in the manner aforesaid. 9. The order of the Tribunal with regard to other grounds will remain same and in the result, the appeal is partly allowed for statistical purposes as pointed out in para 26 of the aforementio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
