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2012 (9) TMI 1145 - HC - Income TaxExtract: ....... 9. The appeal is accordingly dismissed with observations that in case the department has not taken the grounds, urged in this appeal, in the appeal filed against the order dated 31.05.2005, in Lucknow Bench of the Court. It will be open to the appellant to make an application to the Court hearing the appeal, to consider the appeal on such grounds.
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