1981 (4) TMI 7

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....sed by the special leave petition, special 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....

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....iary material placed before him by the appellant, 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 Tribun....

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....pplied to this court for special leave to appeal against 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 quest....