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No infirmity if lower authorities concurrently held that sum spent on mining lease wasn’t for acquisition of right

October 15, 2020[2020] 120 186 (Bombay)

INCOME TAX : Where both Commissioner (Appeals) as well as Tribunal, concurrently held that material on record indicated that amount paid by assessee to mining lessees was not towards acquisition of right in mine, but was basically towards expenditure undertaken by said lessees for purpose of developments like roads and trenches, temporary huts, drilling, etc. and, thus, held that provisions of section 35E was applicable to case of assessee, since there was no perversity found in impugned order of lower authorities, same was to be upheld
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