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2004 (9) TMI 9 - HC - Income Tax"Whether, Tribunal was right in law in directing deduction of the interest and expenditure from the business income also without recording a finding that the assessee is also a dealer in shares and a portion of the interest and expenditure are attributable to the business income?" - the question of law framed that without there being any finding as to whether the assessee-company is dealing in shares, the order passed by the Tribunal cannot be sustained, has to be rejected, as there is a clear finding as well as the admission of the assessee as well as the Revenue themselves before all the authorities that the assessee-company is dealing with shares and of the alternative submission made by counsel that there is no finding as to whether the apportionment has to be made on the net dividend and gross dividend, which has also been categorically stated in the order passed by the Tribunal that the direction as to apportionment is only on the net dividend, there remains nothing to be adjudicated, and the appeal is liable to be dismissed
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