Lease rental classification depended on factual commercial exploitation, so no question of law arose from the Tribunal's finding.

Lease rental from plant and machinery was treated as a factual issue because the Tribunal found the assets were leased for commercial exploitation in the course of business, not after abandonment of business. That finding was supported by the record and was essentially one of fact, so it did not generate a referable question of law on whether the rental was assessable as business income or income from other sources. On that basis, the reference was declined and the Tribunal's factual conclusion remained undisturbed.

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Issues: Whether the reference gave rise to any question of law on the assessability of lease rental as business income or income from other sources.

Analysis: The dispute turned on the Tribunal's factual conclusion that the plant and machinery had been leased out for commercial exploitation in the course of the assessee's business, and not as a case of abandonment of business. The Court held that this conclusion was based on the material on record and was essentially one of fact. On that basis, no referable question of law arose from the Tribunal's order.

Conclusion: No question of law arose for answer and the reference was declined.

Final Conclusion: The Tribunal's factual finding remained undisturbed, and the reference was answered by declining to answer the question referred.

Ratio Decidendi: Where the classification of lease rental depends on a fact-based assessment of commercial exploitation versus cessation of business, the resulting finding is one of fact and does not necessarily give rise to a question of law.

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