TaxTMI 
TaxTMI 
1981 (4) TMI 7
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....ecial leave to appeal is granted. The appellant is a limited company engaged in the manufacture of Nylon-6 yarn, from imported caprolactum. In the assessment proceedings under the I.T. Act, 1961, for the assessment year 1968-69, the appellant claimed that Nylon-6 was an article covered by item 18 of the Fifth and Sixth Schedules of the Act and, therefore, it was entitled to development rebate at ....
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....llant, rejected the claim of the appellant, holding that the manufacture of Nylon-6 was not covered by the entry. The appellant appealed to the I.T. Appellate Tribunal. The Appellate Tribunal allowed the appeal and, interalia, found that Nylon-6 produced by the appellant qualified as a " petrochemical ". The Commissioner applied to the Appellate Tribunal for a reference to the High Court but the ....
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....nst the order of the High Court, and we have today granted special leave. The principal ground on which the appeal is pressed is that the question whether Nylon-6 is a " petrochemical " in terms of the entry mentioned above is a question of fact and not of law, and that, therefore, the High Court erred in calling for a reference on that question. We have been taken through the material portions o....