2004 (5) TMI 18

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..... xplanation offered by the assessee is accepted by the taxing authorities and the same having been upheld up to the Tribunal in second appeal, then, in our opinion, no question of law as such arises in this case which can be said to be a referable question for answer u/s 256(1) - Since, in our opinion, the issue being mostly of facts and no issue of law is involved, there is no case made out for al .....

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..... eferable question of law arises out of the order passed by the Tribunal and hence, it being pure finding of fact and is covered by the decision of the Supreme Court, the application made by the Revenue to the Tribunal under section 256(1) of the Act was dismissed giving rise to filing of this application by the Revenue under section 256(2) of the Act. Heard Shri R.L. Jain, learned counsel for th .....

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..... authorities and the same having been upheld up to the Tribunal in second appeal, then, in our opinion, no question of law as such arises in this case which can be said to be a referable question for answer under section 256(1) of the Act. Since, in our opinion, the issue being mostly of facts and no issue of law is involved, there is no case made out for allowing this application and calling for .....

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