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TMI Blog1983 (11) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... share of profits derived from Electrical Industries Corporation, for the assessment years 1964-65 and 1965-66 respectively ? 2. Whether, on the facts and circumstances of the case and on a proper interpretation of items 7 and 24 of the Fifth Schedule to the Income-tax Act, 1961, the assessee was entitled to a deduction under section 80E on its share of profits derived from Electrical Industries Corporation, for the assessment year 1966-67 ?" Question in Surtax References Nos. 115 and 116 of 1974: "Whether, on the facts and circumstances of the case and on a proper interpretation of items 6 and 16 in rule 2 of Schedule III to the Companies (Profits) Surtax Act, 1964, the assessee was entitled to a rebate on the share income derived ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Items 6 and 16 of this List were relevant for the assessment year 1964-65 and read as under : "6. Equipment for the generation and transmission of electricity including transformers, cables and transmission towers ...... 16. Component parts of the articles mentioned in items Nos. 4, 5, 6 and 8 that is to say, such parts as are essential for the working of the machinery referred to in items aforesaid and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpose and are in complete finished form and ready for fitment." So far as the assessment year 1965-66 was concerned, a similar claim was made and the relevant provisions were found in Clause II of the First Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to any Indian company referred to in clause (a), or to any other company referred to in clause (b), if such Indian or other company is a company referred to in section 108 and its total income as computed before applying the provisions of subsection (1) does not exceed twenty-five thousand rupees." The assessee claimed that in respect of the share of income received by it from the partnership called "Electrical Industries Corporation" which was engaged in the manufacture of super-enamelled copper wire, it was entitled to rebate of surtax as well in the computation of the company's total income as was attributable to the business of manufacture or production of super-enamelled copper wire. The claim of the assessee was ignored by the Surt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the items manufactured by the assessee clearly fell within the scope of item 16 read with item 6 of the III Schedule to the Companies (Profits) Surtax Act, 1964, for the year 1964-65 and also for the year 1965-66 and held that the assessee is entitled to the relief accordingly. In the three appeals against the income-tax assessments, the Tribunal placed reliance on the order of the Tribunal in the assessee's own case in its surtax assessments for the years 1964-65 and 1965-66 under the Surtax Act. Following with respect the decision of the Tribunal in surtax assessment, the Tribunal held that the assessee is entitled to the relief in question. The Incometax Officer was directed to quantify the computation of tax accordingly for the y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing counsel to pursue his arguments on this question. The next submission of counsel for the department is that the findings of fact recorded by the Tribunal are based on no evidence inasmuch as there was no evidence in support of the fact that super-enamelled copper wire is an equipment for the generation and transmission of electricity including transformers, cables and transmission towers or for the component parts of the said articles. In our opinion, this court has no jurisdiction to go behind or question statement of facts made by the Tribunal in its appellate order or the statement of the case. This court cannot disturb or go behind any finding of fact given by the Tribunal even on the ground that there is no legal evidence to su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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