1984 (2) TMI 3

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..... the Income-tax Appellate Tribunal to refer to us for determination of the questions set out therein and to state a case for that purpose. The assessment years in question are the assessment years 1973-74, 1974-75 and 1975-76. It is not necessary to set out the questions in detail because the only two questions regarding which the rule has been issued is as to whether the plant and machinery insta .....

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..... of the Fifth Schedule to the Income-tax Act is concerned, we find that the Tribunal has considered the evidence before it and come to the conclusion that the tyre-cord manufactured by the assessee is included in "automobile ancillaries" as contemplated by the said item No. 20. This decision appears to be essentially a decision based on appreciation of the factual evidence before the Tribunal. It a .....

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..... of brokerage is concerned, again, the Tribunal in its order in respect of the assessment year 1972-73 as well as in the orders in respect of the assessment years with which we are concerned has pointed out that the genuineness of payment of the said brokerage has not been disputed by the Department. The only contention taken by the Department was that the payment of brokerage was excessive as the .....

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