2012 (3) TMI 707

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..... i P.F. Kaka ORDER Per D. Manmohan, V.P. These are cross appeals as well as cross objections pertaining to assessment years 2004-05 and 2005-06. 2. At the time of hearing the learned counsel appearing on behalf of the assessee submitted that though several grounds are urged by the Revenue as well as the assessee, the main issue arose from the claim of exemption under section 10(2 .....

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..... short CCIT) and application was rejected as Ld. CCIT declined to grant exemption to income from tax u/s. 10(23C)(vi) of the Income-tax Act to the assessee trust. The assessee filed the Writ Petition on 25.01.2010 and now the same is pending disposal. As the core issue of granting total exemption to income is pending before the CBDT as well as Writ Petition is also pending before the Hon'ble Hi .....

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..... nsel for the assessee requested for similar directions in this case also. 4. The learned D.R. has not raised any objection in this regard. 5. Having regard to the circumstances of the case we restore all the appeals as well as the cross objections to the file of the A.O. with a direction to him to decide the issue after the decision of the court in Writ Petition pending before the Hon'bl .....

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