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2016 (7) TMI 753 - HC - Income TaxRectification of mistake - whether Tribunal's order is perverse while recording findings contrary to the respondent department's stand for accepting the claim of the appellant qua the allowance of deduction for interest on unsecured loans against the income under head 'income from other sources? - Held that:- We do not wish to express any opinion at this stage in respect of either the correctness or the effect of the orders under Section 154 or the communications addressed by the Department to the CIT (Appeals). It is possible that at the hearing itself the same may not have been brought to the attention of the CIT (Appeals) or the Tribunal. Suffice it to state that these are orders and documents which ought to have been taken into consideration by the CIT (Appeals) as well as by the Tribunal. Be that as it may. The orders, the documents and the effect thereto ought to have been taken into consideration. It would be open for the appellant to contend that the appeals before the CIT (Appeals) and the Tribunal ought to be allowed to be withdrawn or dismissed as infructuous in view of the orders passed under Section 154. In the event of the appellant's being satisfied and accepting the revisional orders under Section 154, they may well not be interested in pursuing the appeal. If such an application is made it is for the Tribunal to decide the same.The appeal is, therefore, disposed of by setting aside the impugned order and remanding the matter to the Tribunal.
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