9911796707
TMI Blog1996 (7) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... dge(s) : A. R. TIWARI., S. B. SAKRIKAR JUDGMENT The judgment of the court was delivered by A. R. TIWARI J.--The Commissioner of Income-tax has filed this application under section 256(2) of the Income-tax Act, 1961 (for short the "Act"), seeking a direction to the Tribunal to state the case and refer the undernoted questions, labelled as of law, arising out of the order dated September 27, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, on the facts and in the circumstances of the case, the Tribunal was justified in law in allowing the claim under section 80HH even when the required conditions were not fulfilled ? " Briefly stated, the facts of the case are that the assessee sold finished products as scrap to M. P. Traders and Agents and Shri Nath Agency. The Assessing Officer, after verification found that in these conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s application under section 256(2) of the Act. We have heard Shri Anand Mohan Mathur, learned senior counsel, with Shri A. K. Shrivastava for the applicant, and Shri P. M. Chaudhary, learned counsel for the non-applicant. The Revenue authorities took into consideration the expenditure incurred by the assessee on repairs of the car while computing the disallowance under section 37(3A) of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng based on appreciation of facts did not give rise to any question of law. In CIT v. Ashoka Marketing Ltd. [1976] 103 ITR 543 (SC) and in CIT v. Kotrika Venkataswamy and Sons [1971] 79 ITR 499 (SC), it is held that a conclusion based on appreciation of facts does not give rise to any question of law. We are satisfied that the aforesaid questions are concluded questions and the findings of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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