Case Details

Citation(s)
2000 SLG 533 2000 SLD 533 2000 PTD 1767 (1998) 234 ITR 483
Delhi High Court
I.T.C. No. 54 of 1996, decision dated: 4-12-1996
Y. K. SABHARWAL AND LOKESHWAR PRASAD, JJ
R.D. Jolly with R.K. Chaufla for the Commissioner

COMMISSIONER OF IncomE tax

VS

OSWAL ENTERPRISES (P.) LTD

Law: Income Tax Act, 1961

Section: 256

Income-tax---Reference---Question of law---Assessment---Export business---Income from export business earned by a concern Or--Tribunal finding that O an independent entity and not a benami of assessee---O carrying on business activity in its own name---No evidence to show that income from export business carried on by O was income of assessee---Finding of Tribunal is a finding of fact---No question of law arose for reference---Indian Income Tax Act, 1961, S. 256(2). Held, that. the Tribunal had recorded a finding of fact that concern O, was not a benami of the assessee and the business activity was carried on by O in its own name and that no evidence had been brought on record - to show that the income from export business carried on by O was the income of the assessee. The…
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