9911796707
TMI Blog1996 (1) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1961, with respect to the assessment year 1984-85 of the assessee, has prayed that the Tribunal, Jaipur Bench, Jaipur, may be directed to state the case and refer the following two questions of law for the opinion of the High Court : "(1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount of Central Government subsidy is not deducti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n High Court in the case of CIT v. Ambica Electrolytic Capacitors Pvt. Ltd. [1991] 191 ITR 494 which was decided in favour of the assessee and hence this question does not require further reference to the High Court. So far as question No. (2) is concerned, the Tribunal opined that how much addition has to be sustained on estimated basis, is a question of fact and requires no reference to the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner of Income-tax (Appeals), jodhpur, considering the nine facts mentioned in the order and the facts and the circumstances of the case came to the conclusion that in the facts and circumstances of the case it would be fair trading to make an addition of Rs. 1,00,000 only and delete the balance of Rs. 19,55,037 as made by the assessing authority. The Commissioner of Income-tax (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the material and cannot be said to be perverse and these findings of fact do not raise any question of law to be referred to the High Court. No question of law, therefore, arises. In the result, we are of the opinion that no referable question of law arises in the matter. The application under section 256(2) of the Act, filed by the Revenue-applicant has no merit and deserves to be dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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