1990-VIL-52-SC-DT

Equivalent Citation: [1990] 186 ITR 428 (SC)

Supreme Court of India

Civil Appeal No 244 of 1976.

Date: 31.08.1990

TIRATH RAM AHUJA PVT. LIMITED

Vs

COMMISSIONER OF INCOME-TAX, NEW DELHI

For the Appellant : S. S. Jauhar, Advocate
For the Respondent : S. C. Manchanda, Senior Advocate (S. B. Ahuja and Miss. A. Subhashini, Advocates

BENCH

K. JAGANNATHA SHETTY AND KULDIP SINGH JJ.

JUDGMENT

The following question was sought to be raised by seeking reference under section 256(1) and (2) of the Income-tax Act, 1961 :

"Was the Tribunal justified in holding that neither profit nor loss of the work was to be taken into account in the assessment of income ?"

The Tribunal and the High Court have rejected the reference and refused to call for the statement of the case with reference to the said question. We have perused the order of the Tribunal. The Tribunal was of the opinion that the question does not arise out of the order of the Tribunal as it is a pure finding of fact. Whether any profit or loss has to be taken into account, the Tribunal said, is based on an appreciation of facts placed before the Tribunal and can, in no circumstance, give rise to a question of law. The High Court was also of the same view. In spite of our anxious consideration to the question raised, we are unable to disagree with the conclusion of the Tribunal. The appeal, therefore, is dismissed, but there will be no order as to costs.

 

DISCLAIMER: Though all efforts have been made to reproduce the order accurately and correctly however the access, usage and circulation is subject to the condition that VATinfoline Multimedia is not responsible/liable for any loss or damage caused to anyone due to any mistake/error/omissions.