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2011 (4) TMI 862 - HC - Income TaxDisallowance of expenditure - Medical and welfare, power and fuel & laminating expenditure - Held that:- Assessee in support of his claim produced details of vouchers and other documents in support of the claim in respect of those three items - It is settled law that if a finding of fact is perverse and is based on no evidence, it can be set aside in appeal even though the appeal is permissible only on the substantial question of law - On consideration of the materials placed by the assessee, if the Tribunal below is of the view that those are manufactured or irrelevant, it may reject the claim but simply on the basis of guesswork, the assessment cannot be made - Tribunal below would be free to give opportunity to the Assessing Officer to produce evidence of rebuttal to the ones relied upon by the assessee - Decided in the favour of the assessee by way of remand
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