2011 (11) TMI 871

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...., Adv. And Sh. Kunal Nagpal, Adv. For the Department by : Sh. R.S. Negi, Sr. D.R. ORDER PER SHAMIM YAHYA: AM This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals) dated 13.7.2011 pertaining to assessment year 2008-09.  2. The grounds raised read as under:- "1. On the facts and in circumstances of the case, the Ld. Comm....

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.... Income Tax (Appeals) concluded that as regards the other addition of Rs. 9,55,455/-, since the entire surplus is exempt and therefore, the appeal is allowed for Assessment Year 2008-09. 4. Against this order the Revenue is in appeal before us. 5. We have heard both the counsel and perused the records on this issue. Ld. counsel of the assessee has submitted as under:- "The brief fa....

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....nt has gone before the Hon'ble Supreme Court as may be perused from the department's grounds of appeal. In my respectful prayer, this not a valid ground for rejecting the said exemption u/s 10(23C)(vi) of the Income Tax Act, 1961, which has already been approved by Ld. CCIT as on date. Therefore, the appeal of the department may kindly be directed to be deleted." 6. Ld. Depart....