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1973 (3) TMI 54 - SUPREME COURTWhether, on the facts and in the circumstances of the case, the expenditure of ₹ 94,500 incurred by the assessee in London is exempt under section 5(o) of the Expenditure-tax Act ? Held that:- The trustees could not have paid them those amounts outside India. But, in fact, the trustees have year after year been remitting those amounts to the assessees to London and the assessees were receiving those amounts without any objection. From these circumstances the Tribunal has drawn the inference that, when the trustees remitted the amounts in question to the assesees at London, they were only doing so as the agents of the assessees. The Tribunal opined that the trustees must have been sending the amounts in question to London under the assessees' instructions. The finding of the Tribunal in this regard is essentially a finding of fact. Therefore, all that we have to see is whether that finding is either perverse or not based on any evidence. We are unable to agree with the learned counsel for the assessees that the finding in question is either perverse or the same is not based on any evidence. Appeal dismissed.
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