TIRATH RAM AHUJA PRIVATE LIMITED Vs. COMMISSIONER OF INCOME TAX NEW DELHI
LAWS(SC)-1990-8-56
SUPREME COURT OF INDIA
Decided on August 31,1990

TIRATH RAM AHUJA PRIVATE LIMITED Appellant
VERSUS
COMMISSIONER OF INCOME TAX,NEW DELHI Respondents




JUDGEMENT

- (1.)The following question was sought to be raised by seeking reference u/s. 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 -

(2.)tribunal and the High court have rejected the reference and 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 option that the question does not arise out of the order of the Tribunal as 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 with be no order as to costs.
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