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2015 (5) TMI 116 - HC - Income TaxDepreciation and investment allowance - Tribunal allowed that any amount of depreciation and investment allowance could be deducted - whether there was no material to show that the machine was used for production and manufacturing? - Held that:- On a reading of the evidence before it, if the Tribunal has come to the conclusion that the machine having been installed before the end of the financial year and used for trial in terms of the certificate of factory manager, we are of the view that it is a plausible view that the machine having been used for the purpose of business cannot be interfered with. Moreover such an aspect is pure question of fact. We do not think, it would be appropriate for this Court to interfere with such a finding when the conclusion as drawn by the Tribunal is not perverse or such which cannot be drawn by any reasonable person or authority on disclosed state of facts. The power of the High Court to interfere with the factual findings of the Tribunal is well settled. See Ishwar Dass Jain Vs. Sohan Lal [1999 (11) TMI 863 - SUPREME COURT]. Thus it is not a case, when material or relevant evidence was not considered. That apart, it is also not the case of the appellant-revenue that the finding of fact has been arrived at by the Tribunal, relying upon the inadmissible evidence. The off shoot of the above discussion is that machine has been duly installed and was in a working condition before the end of the previous year. - Decided in favour of assessee.
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