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2016 (2) TMI 1101 - HC - Income TaxAbsence of proof of issuance of notice under section 17 of the Wealth-tax Act - virtue of section 42 of the Wealth-tax Act, 1957 - Held that:- There may be a case to be considered under section 42 of the Act, but if we further consider the above referred reasons recorded by the Tribunal, it appears that the attention of the Tribunal has not been brought pertaining to section 42 of the Act, at the time when the matter was heard before the Tribunal. Resultantly, we do not have any discussion whatsoever of the Tribunal in the impugned order for consideration of section 42 of the Act, its applicability or the effect. If the appellants were to contend and press in service section 42, prevailing at the relevant point of time, it would be for the appellants to move an appropriate application for rectification of the order and it is only after the Tribunal considers the matter and the reasons are recorded, a ground may be available before this court in the appellate jurisdiction. We are not inclined to entertain the appeals, with the observation that in event, if any rectification application is filed by the appellants-Revenue before the Tribunal, the rights and contentions of both the sides shall remain upon and the Tribunal shall pass the order after giving opportunity of hearing to both the sides and in accordance with law.
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