Tirath Ram Ahuja P. Ltd. Vs. Commissioner of Income-tax - Court Judgment

Excerpt:
.....taxation - question of law - sections 256 (1) and 256 (2) of income tax act, 1961 - whether tribunal justified in holding that neither profit nor loss of work was to be taken into account during assessment of income - held, question to be amended basis on appreciation of facts placed before tribunal and cannot give rise to question of law. head note: income tax reference--question of fact--business income--profit in incomplete construction contract income tax act 1961 s.256 - section 151: [k.g. balakrishnan, c.j. & p. sathasivam, j] expunging of adverse remarks - appellant, judicial officer dismissing suit - order getting passed due to non-arrangement of case file as required by rules - held, adverse remarks made by appellate court against judicial officer with direction to..........in the assessment of income ?2. 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.