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2014 (12) TMI 633 - MADRAS HIGH COURTValidity of Tribunal’s order for remitting order to AO for fresh consideration – Issues considered on merits or not – Held that:- Revenue contended that the Tribunal following its earlier order in respect of the very same assessee for the previous AYs allowed the appeal filed by the assessee - the main issue is whether the interest and finance charges are an allowable deduction – the same issue was already a subject matter of appeal before the Tribunal - The Tribunal in respect of the AYs 2000-01, 2001-02 and 2003-04 dismissed the appeals filed by the Revenue on the ground of limitation and not on merits – therefore, the Tribunal has misdirected itself to hold that the assessments in respect of the previous years were quashed and answered the issue in favour of the assessee – thus, the order of the Tribunal is set aside and the matter is remitted back to the Tribunal for fresh adjudication – Decided in favour of assessee.
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