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TMI Blog1987 (7) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... s. By this application, the petitioner seeks a reference of those nine questions also to this court. However, we are of the opinion that no further questions of law arise out of the order of the Tribunal and that this application has to be dismissed. We state our reasons in brief. The first question of which reference is sought runs as follows : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct both on facts and in law in confirming the order of the Commissioner of Income-tax (Appeals) with regard to the deletion of Rs. 3,10,000 being payment made to Mange Lal Bhikam Chand under the Voluntary Retirement Scheme although there was no agreement for such payment ? " The Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of inadmissibility of the deduction of payment arises. The Tribunal's view is the only view that could be taken and no question of law arises in regard to this aspect of the matter. The third question runs as follows: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct both on facts and in law in confirming the order of the Commissioner of Income-tax (Appeals) with regard to the payment of commission of Rs. 1,30,904 to M/s. Mani Ram Enterprises, although it was made under a collusive arrangement? " The question whether the payment made to this agency was wholly and exclusively for the purpose of the business is a question of fact. The Tribunal has pointed out that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal set out in paragraph 37 make it clear beyond all doubt that the commission in question had accrued to the agent only during the accounting year in question as it related only to sales made during the accounting year. There is, therefore, no question of law which calls for reference on this aspect. Question No. 5 runs as follows: " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct both on facts and in law in confirming the order of the Commissioner of Income-tax (Appeals) that the commission of Rs. 2,03,259 at 1% was paid to M/s. Ceramic Sales for genuine business needs and as such was an allowable deduction under section 37 ? " Here also, the Income-tax Appellate Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Officer given any material for restricting it to that figure. In the circumstances, the finding of the Tribunal that the entire commission is allowable is based on appreciation of facts and does not give rise to any question of law. Question No. 7 relates to the valuation of the closing stock which reads as follows: " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct both on facts and in law in confirming the finding of the Commissioner of Income-tax (Appeals) with regard to the deletion of Rs. 3,42,769 representing the undervaluation of stock which was specifically proved by the Income-tax Officer ? " The assessee had 3,020 PCC poles in closing stock which it value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Appellate Tribunal in this regard are findings of fact and do not give rise to any question of law. The eighth question reads as follows: " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct both on facts and in law in confirming the order of the Commissioner of Income-tax (Appeals) with regard to the payment of sales tax amounting to Rs. 1,62,326 although the liability in this regard had not been ascertained ?" The short question is whether the assessee was entitled to claim deduction of a sum of Rs. 1,62,326 being the payment of sales tax relatable to the freight which the assessee collected as part of the sale proceeds. It is not in dispute that the freight forms part of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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