https://www.taxtmi.com/caselaws?id=20220 An appellate order based on a demonstrable factual mistake cannot support an answered reference where the Tribunal proceeded on the assumption that the issue had already been decided in the assessee's favour in earlier years, when that earlier decision actually related to another company in the same group. Because the factual foundation of the Tribunal's order was erroneous, the reference court declined to answer the surtax question on adjustment of secured loans and provision for taxation against investments. The matter was remitted to the Tribunal for fresh disposal on the correct facts and in accordance with law, without any determination of the substantive surtax issue. en-us Tue, 17 Aug 1993 00:00:00 +0530 Thu, 12 Nov 2009 14:24:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=20220 An appellate order based on a demonstrable factual mistake cannot support an answered reference where the Tribunal proceeded on the assumption that the issue had already been decided in the assessee's favour in earlier years, when that earlier decision actually related to another company in the same group. Because the factual foundation of the Tribunal's order was erroneous, the reference court declined to answer the surtax question on adjustment of secured loans and provision for taxation against investments. The matter was remitted to the Tribunal for fresh disposal on the correct facts and in accordance with law, without any determination of the substantive surtax issue. Case-Laws Income Tax Tue, 17 Aug 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=20220