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2004 (6) TMI 586 - AT - Income TaxExtract: .......having not decided this issue on merits in his impugned order, it is neither proper nor necessary to render any verdict or this issue especially keeping in view our decision rendered in the preceding paragraphs of this order setting aside the order passed by the learned CIT under section 263. 9. In the result, the appeal of the assessee is allowed.
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