Case Law Details
Brief of the Case
Supreme Court held In the case of M/s Ganapathy & Co. vs. CIT that in the current case, each relevant fact considered by the High Court to answer the questions referred to it on the claim(s) of deduction raised by the assessee are acknowledged, admitted and undisputed facts. No fresh determination of facts found by the Tribunal has been made by the High Court.
What, however, the High Court did was to take into account certain additional facts, already on record, which were however not taken note of by the Tribunal to arrive at its findings, e.g., that the appellant – assessee had failed to furnish any proof of service rendered by UTC in the course of the relevant Assessment Year i.e. 1984-1985. There was no departure from the basic facts found by the learned Tribunal. This is surely an exercise that was within the jurisdiction of the High Court in the exercise of its reference power under the provisions of the Act.
Facts of the Case
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