Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2010 (10) TMI 1022

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s been filed by the assessee against the order of ld. CIT(A) dated 02.03.06 in respect of A.Y. 2002-03. 2. Earlier the appeal of the assessee was disposed off by the Tribunal vide its order dated 21.11.08. Vide miscellaneous application filed against that order it was claimed by the assessee that ground no. 5 raised in the appeal had remained un-adjudicated. Therefore, accepting the claim of th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ot given by the AO and CIT(A) and vide para 6 7 Tribunal had decided the said issue in favour of assessee. He invited our attention towards para 6 7 of the aforementioned order dated 21.11.08 which read as under: - 6. The next issue for consideration relates to rejecting the contention of the assessee that on interest on tax free SLR Power Bonds of ₹ 72,98,52,500/- no tax was chargea .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the assessee. 5. On the other hand, ld. DR relied upon the order of AO and CIT(A). 6. We have carefully considered the rival submission in the light of material placed before us. Para 6 7 of the order dated 21.11.08 has already been reproduced in the above part of this order. 7. Therefore, there is no doubt regarding non-taxability of the amount of ` 72,98,52,500/-. If it is a tax free .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or (iia) to (viii) . 8. However, it is seen that AO while disallowing the claim of the assessee has observed that there was some difference in the computation of interest. Apart from that he has assigned a reason in para 4.12 of the assessment order that the assessee did not submit revised form no. 29B which is essential for grant of the relief to the assessee and which is the computation .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Tribunal and he will also allow reasonable opportunity of hearing to the assessee. We direct accordingly. This ground of the assessee is allowed in the manner aforesaid. 9. The order of the Tribunal with regard to other grounds will remain same and in the result, the appeal is partly allowed for statistical purposes as pointed out in para 26 of the aforementioned order of the Tribunal in its or .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates