2005 (1) TMI 106

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.... JUDGMENT The judgment of the court was delivered by A. M. Sapre J.—This is an application made by the assessee under section 256(2) of the Income-tax Act, 1961, consequent upon the dismissal of their application made under section 256(1) of the Act by the Tribunal in R. A. Nos. 114 and 115/Ind./98 which in turn arise out of the order passed by the Tribunal dated May 14, 1998, on I. T. A. ....

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....Act and, hence, this application is liable to be dismissed. 5. The applicant has proposed the following four questions for being referred to this court for answer : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the service charges of Rs. 9,24,257 paid by the applicant-company to its holding company was not to the same company to whom s....

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....l was justified in holding that entire service charges paid were unreasonable and excessive considering the services rendered by the holding company?" 6. In our opinion, all are essentially questions of fact involving no question of law as such. In fact, all the four questions are interlinked together and based on appreciation of facts brought on record rather than involving any issue of law wh....