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2004 (11) TMI 65 - HC - Income TaxQuestion of law - "1. Whether Tribunal was justified in holding that no proportionate deduction on account of depreciation expenses of vehicles, ginning charges received from others and interest on deposits/borrowings should be made for working out eligible profits for the purposes of deduction under sections 80HH and 80-I? 2. Whether Tribunal was justified in holding that the deduction under section 80-I is allowable on the gross total income unreduced therefrom the deduction allowed under section 80HH?" - The issue involved on this question really does not involve any question of law as such but it is based on concurrent finding of facts based on the peculiar facts of the case. The Assessing Officer bifurcated the claim of depreciation in two units. However, the Commissioner of Income-tax (Appeals) and the Tribunal accepted the factual version of the assessee on the question as to how and in what way they used the vehicles in question and why they claimed depreciation only in unit No. 1 and not in unit No. 2. – Hence revenue appeal is dismissed
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