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2008 (12) TMI 426 - ITAT MUMBAIExtract: .......ent was neither referred to the Apex Court nor decided by it. We are, therefore, bound by the decisions referred to by the learned counsel for the assessee. 30. In conclusion, therefore, both the preliminary issues formulated in para 2 above are decided in favour of the assessee. The appeal on merits may therefore be refixed and heard by the Bench.
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