9911796707
TMI Blog1995 (11) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... B. SAKRIKAR JUDGMENT The judgment of the court was delivered by A. R. TIWARI J.----The applicant (the Commissioner of Income-tax) has filed this reference application under section 256(2) of the Income-tax Act, 1961, for opinion on the undernoted questions of law: "(1) Whether, on the facts and in the circumstances of the case and on the basis of the material available on record, the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dian Income-tax Act, 1922, ever since the trust was created on July 14, 1945. In the assessment year 1973-74, according to the Commissioner of Income-tax, a net loss of Rs. 12,690 was returned and accepted by the Income-tax Officer, vide his assessment order dated September 30, 1977, and a refund of Rs. 8,872 representing the tax deducted at source was allowed to the assessee. The Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner of Income-tax set aside the assessments made by the Income-tax Officer for the aforesaid four years. In appeals by the assessee, the Tribunal reversed the order passed by the Commissioner of Income-tax and sustained the assessments made by the Income-tax Officer for all the four years and thus held that the assessee was entitled to get exemption under section 11 of the Act. The Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the non-applicant/assessee. Law is luculent. Before entertaining the reference application at the instance of the parties, it is required to be shown that the questions arose out of the order passed by the Tribunal and are questions of law. It is a pure question of finding of fact. The finding of fact, not shown to be perverse or perishable, reached by the Tribunal did not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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