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TMI Blog2016 (7) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant Mr.Rajesh Katoch, Advocate, for the respondent ORDER S. J. Vazifdar, A.C.J. (Oral) This is an appeal against the order of the Tribunal, dismissing the appellant/assessee's appeal against the order of the CIT (Appeals) which in turn dismissed the appellant's appeal against the assessment order to the extent that the same refused a deduction under Section 36(1) (iii) of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, the claim for allowance of the 'direct expenses' attributable to earning of the 'income from other sources' can be declined on the true and correct interpretation of the provisions of section 57(iii) of the Income Tax Act, 1961?" 3. It is sufficient to consider this appeal only with respect to the first question. 4. The assessee claims to have secured loans for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant's contention. The Assessing Officer observed that the disallowance to the extent of Rs. 22,77,739/- was not called for. The balance taxable income was assessed at Rs. 22,96,464/-. 6. The CIT (Appeals) dismissed the appellant's appeal against assessment order dated 18.12.2009 on 30.09.2011. The Tribunal dismissed the appeal against that order on 08.02.2012. 7. The order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. 9. For instance, it would be open for the appellant to contend that the appeals before the CIT (A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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