2005 (1) TMI 106

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as 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. Nos. 514/Ind./92 and 924/Ind./94 relating ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 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 such service charges have been agreed to be paid with....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d 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 which is referable to this court. In order that the question i....