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2004 (4) TMI 33 - HC - Income TaxNon-consideration of evidence by tribunal - Whether the assessee is entitled to claim depreciation under rule 5H on failure to prove the existence or possession of the skimmer machine? - Whether the concurrent findings of facts based on the sufficient evidence arrived at by the Assessing Officer and the first appellant (appellate) authority, that the whole transaction leading to the acquisition of skimmer machine was not genuine, could be reversed by the second appellate authority (ITAT) by allowing the party to adduce further evidence, particularly when ample opportunity was given to the assessee to prove its case before the lower authorities? - Whether the expenses incurred by the assessee for the purpose of foreign travel could be termed as business expenditure under section 37?" As the Tribunal is the final court of facts, the matter is required to be remanded to the Tribunal for recording a finding with reasons
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