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2000 (5) TMI 6

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..... enue u/s 256(2) - tribunal is directed to referrer the question "Whether the claim of the assessee for exemption u/s 10(29), in respect of interest income, staff quarter rent, miscellaneous income and supervision charges was rightly accepted by the CIT(A) and confirmed by the ITAT" to HC
Judge(s) : G. B. PATTANAIK., DORAISWAMY RAJU. and S. N. VARIAVA. ORDER The Commissioner of Income-tax, Guj .....

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..... uestion formulated by the Department is as follows : "(1) Whether the claim of the assessee for exemption under section 10(29) of the Income-tax Act, 1961, in respect of interest income of Rs. 6,03,374, staff quarter rent of Rs. 5,147, miscellaneous income of Rs. 5,647 and supervision charges of Rs. 79,081 was rightly accepted by the Commissioner of Income-tax (Appeals) and confirmed by the Incom .....

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..... latter decision has taken a somewhat different view with regard to the interest income and there is an apparent conflict, thought it fit to refer the matter to a larger Bench. In our opinion, it was not necessary for referring the matter to a larger Bench since the question for consideration, at this stage, is whether in refusing the application filed under section 256(2) of the Income-tax Act, t .....

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..... on was filed under section 256(1) and the High Court also committed error in rejecting the application filed by the Revenue under section 256(2) of the Income-tax Act. We, therefore, direct the Income-tax Appellate Tribunal to refer the question, i.e., "(1) Whether the claim of the assessee for exemption under section 10(29) of the Income-tax Act, 1961, in respect of interest income of Rs. 6,03,3 .....

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