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2014 (4) TMI 347 - AT - Income TaxRectification of mistake u/s 254 of the Act - Allowability of deduction of interest – Held that:- The tribunal has taken a conscious decision in the matter based on the remand report by the AO - though the assessments for the years were not originally made u/s 143(3), as was the case for the other three years also decided by the tribunal, the tribunal did not consider the same as material, and decided the issue at hand following its earlier order for A.Y. 2001-02 - the Revenue claiming it as not so, could only be decided in the review proceedings, which could only be before a higher appellate forum and fall outside the ambit of section 254(2) or the rectification proceedings before the tribunal – Decided against Revenue. Entitlement for set off of STCL against income u/s 153A of the Act – Held that:- There was no reference to the ground or aspect in any of the appeals by the assessee before the first appellate authority – thus, the subject matter of the Revenue’s grievance does not arise either out of the order/s by the first appellate authority or by the tribunal – Decided against Revenue.
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