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Section 256 of the Income-tax Act, 1961 - Reference - Tribunal's finding of fact - Though ITO denied tax concession to assessee under a taxation concession order, tribunal allowed the concession on factual finding that essential condition for allowing the concession was satisfied - Whether tribunal's finding required any interference - Held, on facts, no FACTS For the assessment year 1964-65, the assessee, a partnership firm, relying upon the deed of partnership which indicated the commencement of business from 1-4-1963, claimed the concessions provided under the Dadra and Nagar Haveli and Goa, Daman and Diu (Taxation Concessions) Order, 1964. The ITO rejected the assessee's claim. On appeal, however, the AAC held that the firm had been carrying on business prior to and after the appointed day under the said order, and was, therefore, entitled to the concession. The Tribunal confirmed the AAC's findings. On reference, the revenue argued that the Tribunal had no material before it to conclude that the assessee had been carrying on business before the aforementioned appointed day, and that hence it was not justified in allowing the concessions. HELD The frame of the question under reference did not permit examination of the facts, since the question proceeded on the basis that the revenue had accepted the Tribunal's findings on facts, and that upon those facts, opinion was sought as to whether the assessee was entitled to the concession. The Tribunal had already established that the firm carrying on business in Goa prior to the appointed day and that the partnership had continued to carry on the business in Goa even thereafter. The Tribunal was, thus, justified. CASE REVIEW CIT v. H.R. Karandikar [1981] 129 ITR 609 (Bom.) distinguished. CASES REFERRED TO CIT v. H.R. Karandikar [1981] 129 ITR 609 (Bom.) R.J. Joshi, H.K. Sajnani and Miss. S.G. Shah for the Applicant. I.M. Munim and S.J. Mehta for the Respondent. JUDGMENT Bharucha, J. - This reference under section 256(1) of the Income-tax Act, 1961 ('the Act'), is made at the instance of the Additional Commissioner, and poses this question: "Whether, on the facts and in the circumstances of the case, the Tribunal…

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