https://www.taxtmi.com/caselaws?id=25038 A question is not referable under section 256 of the Income-tax Act, 1961 where the issue is already covered by binding precedent or where the Tribunal's conclusion rests on a pure finding of fact. The Kerala High Court noted that the managing director's remuneration had earlier been held to fall under section 40A(5), leaving section 40(c) inapplicable, so no fresh question of law arose from the disallowance. It also held that the Tribunal's restriction of the sulphur shortage claim to 2.5% of the quantity handled was a factual determination, not a legal issue requiring reference. en-us Thu, 27 Aug 1987 00:00:00 +0530 Mon, 25 Jan 2010 10:29:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=25038 A question is not referable under section 256 of the Income-tax Act, 1961 where the issue is already covered by binding precedent or where the Tribunal's conclusion rests on a pure finding of fact. The Kerala High Court noted that the managing director's remuneration had earlier been held to fall under section 40A(5), leaving section 40(c) inapplicable, so no fresh question of law arose from the disallowance. It also held that the Tribunal's restriction of the sulphur shortage claim to 2.5% of the quantity handled was a factual determination, not a legal issue requiring reference. Case-Laws Income Tax Thu, 27 Aug 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=25038