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2004 (11) TMI 21 - HC - Income TaxAssessee claimed deduction u/s 80-O on his commission income. The assessee explained that it was entitled to deduction under section 80-O of the Act as: (i) it is a registered partnership firm and resident in India; (ii) commission has been received in convertible foreign exchange; and (iii) it earns income by way of commission in consideration, for the use outside India - "Whether the assessee has fulfilled the conditions as prescribed under section 80-O, to be eligible for deduction?" - in the instant case there is no question of law as it is dependent on facts only. It is neither a case of mixed question of fact and law nor a substantial question of law, but, one entirely on the facts which, in any event, has been concluded by the Tribunal after examining the case in detail. In our opinion, in keeping with the interpretation to be given to the provisions of section 80-O, there is much substance in what assessee has submitted that the matter is substantially on the question of facts rather than on the question of law and, therefore, we dismiss this revenue’s appeal
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