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2003 (4) TMI 74 - PUNJAB AND HARYANA HIGH COURT"(i) Whether, CIT (Appeals) has erred in law in adjudicating upon an issue which did not arise out of the order of appeal and thereby holding that the income of the assessee is exempt under section 80P of the Act? (ii) Whether, CIT (Appeals) has erred in law in deleting the disallowance of Rs. 7,74,883 made out of the secretary pay fund?" - we are satisfied that failure of the assessee to raise the plea of exemption before the Assessing Officer cannot disentitle it to the benefit of statutory exemption. Therefore, the first question raised by the Revenue cannot be treated as substantial question of law - We are further of the view that the reasons assigned by the Commissioner of Income-tax (Appeals) and the Tribunal for deleting the disallowance of Rs. 7,74,883 keeping in view the method of accounting followed by the assessee do not suffer from any legal infirmity requiring reconsideration of the issue by this court. Therefore, even the second question framed by the Revenue cannot be treated as substantial question of law
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