TaxTMI 
TaxTMI 
1989 (7) TMI 58
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.... of production in respect of acrylic, cement, SSF and nylon tyre cord plants on the basis of their own order for the assessment year 1971-72 when the order for the assessment year 1971-72 has not been accepted by the Department ? (ii) (a) Whether the Income-tax Appellate Tribunal was correct in law and-on facts in holding that the machinery installed by the assessee in the premises of JKCM admittedly used by the said company for the manufacture of their products, viz., nylon and cotton fabrics, was used by the assessee for its own business to the extent of 50% ? (b) Whether the finding of the Income-tax Appellate Tribunal that the machinery installed by the assessee in the premises of JKCM admittedly used by the said company for the m....
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....ated closing stock of cops was made only on the basis of surmises and thereby deleting the said addition ? (vii) Whether the Income-tax Appellate Tribunal was correct in law and on facts in confirming the order of the Commissioner of Income-tax (Appeals) in deleting the amounts of Rs. 18,894 and Rs. 14,182 on account of foreign tour expenses of personal assistants to executives and personal assistants to directors, respectively? (viii) Whether the Income-tax Appellate Tribunal was correct in law and on facts in deleting the disallowance of Rs. 75,263 on account of presentation to foreign business associates when in fact there is no nexus between such expenses and the carrying on of the assessee's business ? (ix) Whether the Income-....
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....nt year 1971-72, when the Income-tax Appellate Tribunal's order for the assessment year 1971-72 was not applicable, since both these units were added only in this year ? (xiii) Whether the Income-tax Appellate Tribunal was correct in law and on facts in deleting the addition of Rs. 20,09,620 on account of deduction in first grade production on the basis of their own order for the assessment year 1971-72, when, in fact, the order for the assessment year 1971-72 has not been accepted by the Department ? In our opinion, only questions Nos. (i), (iii), (v), (ix) and (xii) should be referred. With regard to question, No. (i), we direct that the same should be rewarded in the manner as will be presently indicated. With regard to quest....
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....rred as the answer to the same is self-explanatory. Questions Nos. (xi) and (xiii) also are not to be referred. As regards question No. (xi) is concerned, the Income-tax Appellate Tribunal has directed the Income-tax Officer to follow the judgment of the Supreme Court and it cannot be said that any question of law arises in respect thereto. As regards question No. (xiii), the Allahabad High Court, in respect of the assessment year 1971-72, has come to the conclusion that the said question is a question of fact and need not be referred. Following the said decision, we decline to ask for a reference in respect thereto. Accordingly, we direct the Tribunal to state the case and refer the following questions to this court: (i) Whether the ....