M.H.S. Ansari, J. - (1.) This is a reference under section 256(1) of the Income-tax Act, 1961, at the instance of the assessee. The following questions have been referred by the Income-tax Appellate Tribunal ("the ITAT") for adjudication by this court : "1. Whether, there was any evidence and/or materials on record to hold that the assessee-company could not be treated as an industrial company when Messrs. Martin and Harris (P.) Ltd., has been subjected to concessional rate of tax on the ground that M/s. Martin and Harris (P.) Ltd. is an industrial company because it had manufactured pharmaceutical products for the assessee-company ?
(2.) Whether, the conclusions and findings of the Tribunal that Messrs. Martin and Harris (P.) Ltd. can rightly claim that it is an industrial company because it is directly engaged in the manufacture of pharmaceutical products for the assessee-company are based on any materials and are perverse and vitiated by reason of inadmissible or irrelevant or partly relevant and partly irrelevant material and are surmises and conjectures ?
(3.) Whether, on the facts and circumstances of the case, the Tribunal was justified in law in coming to its conclusion that the Commissioner of Income-tax (Appeals) erred in holding that the assessee was an industrial company within the meaning of section 2(8)(c) of the Finance Act, 1984 ?;