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    <title>2012 (10) TMI 750 - ITAT HYDERABAD</title>
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    <description>Eligibility for exemption under the Income-tax Act was directed to be re-examined because the factual question whether amounts were collected over and above prescribed fees was material to the exemption claim and had not been properly verified. The Tribunal noted that an earlier year&#039;s issue in the same assessee&#039;s case had already been remitted for fresh consideration, and held that it could exercise appellate power to set aside the matter where the record was incomplete on a crucial factual issue. The matter was therefore sent back to the Assessing Officer for fresh adjudication in accordance with law.</description>
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      <title>2012 (10) TMI 750 - ITAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=217812</link>
      <description>Eligibility for exemption under the Income-tax Act was directed to be re-examined because the factual question whether amounts were collected over and above prescribed fees was material to the exemption claim and had not been properly verified. The Tribunal noted that an earlier year&#039;s issue in the same assessee&#039;s case had already been remitted for fresh consideration, and held that it could exercise appellate power to set aside the matter where the record was incomplete on a crucial factual issue. The matter was therefore sent back to the Assessing Officer for fresh adjudication in accordance with law.</description>
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