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2019 (2) TMI 724 - HC - Income TaxAdditional depreciation on acquisition and installation of machines to be made after 31st March, 2002 - as per Tribunal additional depreciation was wrongly allowed by AO as the assessee although purchased the assets before 1.4.2002 but the assets were admittedly installed after 1.4.2002 - Held that:- The reasons sought to be advanced by the tribunal, regrettably show absolute non-application of mind. Where evidence is cited in support of proof of a fact the exact materials on which such inference is being drawn have to be specified. After all, the tribunal is the final fact finding authority. Saying “all the documents will be found in the paper book” amounts to dealing with the matter very cursorily. The factum of sale/acquisition of the machines has to be proved legally in terms of payment of consideration, date of delivery, passing of property, the terms and conditions of contract etc. The installation of the assets has also to be established in a like manner. In our opinion, such absence of reasons on a factual issue in the order of the tribunal which is the final authority on facts is itself a substantial question of law from which an appeal lies to the High Court under Section 260A of the Income Tax Act. Otherwise, a party would be deprived of remedy. That part of the order of the tribunal dealing with additional depreciation is set aside. The tribunal is directed to re-hear the parties on the above issues and pronounce a fresh order within 6 months from the date of communication of this order.
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