TMI Blog1996 (4) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... " (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was not entitled to enlarge its claim in the assessment year 1974-75 for weighted deduction at the stage of fresh assessment pursuant to the order of the Appellate Assistant Commissioner ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was not entitled to weighted deduction on storage charges and rent on de-oiled cake stored on way to Bombay awaiting shipment, rent for tarpaulin to protect the de-oiled cake stored at Bombay Port Trust godown, clearing and forwarding charges paid, survey fees and quality fitness report, etc., of de-oiled cake, fumi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejection, the assessee filed the applications under section 256(1) of the Act on which the Tribunal stated the case and referred the aforesaid questions. We have heard Shri Saboo, learned counsel for the applicant/assessee and Shri D. D. Vyas, learned counsel for the non-applicant/Department. Shri Saboo submitted that the aforesaid questions are questions of law and do arise out of the order passed in the aforesaid appeals. On the other hand, Shri Vyas submitted that the order of the Tribunal is based on appreciation of the evidentiary material and in view of the conclusion resting on facts, there are no referable questions of law arising out of the order. He, therefore, prays for answer in favour of the Department. We have read the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stamps, etc., charges recovered by banks for letter of credit, collection of bills, payments, etc., travelling expenses, conveyance, export duty, ocean freight. Reliance is placed on the decisions in J. Hemchand and Co. (1 SOT 150) ; Gedore Tools (India) (P.) Ltd. v. IAC [1988] 25 ITD 193 (Delhi) [SB] ; Tara Agencies v. CIT [1989] 180 ITR 102 (Ker) ; CIT v. Asiatic Sea Foods [1986] 160 ITR 869 (Ker)." Counsel for the assessee was unable to demonstrate as to how the aforesaid questions are questions of law. On scrutiny, we find that the questions turn on the peculiar facts of the case and the conclusion reached by the Tribunal is found to be on firm foundation not liable to be categorised as erroneous or contrary to law. In CIT v. Ashoka ..... X X X X Extracts X X X X X X X X Extracts X X X X
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