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TMI Blog1989 (4) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... oved this application under section 256(2) of the Income-tax Act, 1961, for the issue of a direction to the Income-tax Appellate Tribunal to state a case and to refer the following two questions of law for the opinion of this court : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in confirming the order of the Commissioner of Income-tax (Appeals) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer as also the production of voluminous correspondence had been discussed by his predecessor and the Income-tax Appellate Tribunal who had deleted the disallowance for the earlier years. On appeal by the Revenue, the Income-tax Appellate Tribunal, in its order dated June 24, 1986, noticed that the Commissioner of Income-tax (Appeals) had relied on the earlier order of the Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave held that the conclusions arrived at by the Tribunal upholding the findings of the Commissioner of Income-tax (Appeals) are clearly findings of fact based on correspondence and material on record, and have consequently rejected the application under section 256(2) of the Act. In Income-tax Case No. 97 of 1985, we dealt with the same matter for the assessment year 1977-78. By our order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appealed to the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals), after hearing the matter at length, came to the conclusion that there was nothing wrong "in rationalising an irrational and incoherent system where different units were following different methods". No mala fides could possibly be attached to a case of having an uniform rate structure. It further obser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner of Income-tax (Appeals) with regard to the change in the system and method of valuation of the closing stock, is finding of fact. Consequently, no question of law arises and we are not inclined to require the Tribunal to refer question No. 2 also. The application is accordingly dismissed. However, in the facts and circumstances of the case, we make no order as to costs. - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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