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2018 (9) TMI 1553 - AT - Income TaxRectification of mistake - Restricting the deduction u/s 80HHC by applying section 80AB - Held that:- Non-adjudication of the issues raised before the appellate authority in itself is a mistake apparent from record, which deserves rectification u/s 154/155 of the Act. The action of the Assessing Officer in restricting the deduction u/s 80HHC by applying section 80AB of the Act for excluding the dividend income from business income is erroneous in law. As carefully perused the order of the first appellate authority dated 26.04.2001. We find force in the contention of the assessee. The issues mentioned hereinabove have not been addressed by the first appellate authority while adjudicating Ground No. 1 of the appeal. It is settled position of law that non-adjudication of issues is a mistake apparent from record and the first appellate authority ought to have considered the rectification application in true spirit and decided the issue afresh - remit the matter to the file of the CIT(A) with the direction to decide all the issues afresh after giving reasonable and sufficient opportunity of being heard to the assessee.
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