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2005 (3) TMI 32 - ALLAHABAD HIGH COURT"Whether Tribunal was, in law, justified in upholding the order of the Commissioner of Income-tax (Appeals) who had erred in law in not deciding the matter in the light of the provisions of section 41(2) of the Income-tax Act, 1961 in respect of compensation received for the units of the building and the items of machinery completely destroyed in the fire?" - according to the own case of the respondent/assessee, which is duly supported by the surveyor's report and relied on by the Tribunal, the entire building and machinery installed in the second, third and fourth floor of the respondent's mill had been completely destroyed and reduced to scrap. Thus, the amount of compensation referable to the plant and machinery installed on these floors would clearly attract the provisions of section 41(2) - Tribunal was not justified in upholding the order of the Commissioner of Income-tax (Appeals) that the provisions of section 41(2) would not be applicable
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