Supreme Court Of India
CIT vs. S.R. Patton
Section 9(1)(ii)
Asst. Year 1973-74, 1976-77
Suhas C. Sen & S.S.M. Quadri, JJ.
Civil Appeal No. 307 of 1993
16th December, 1997
Counsel Appeared
T.L. Vishwanatha Iyer with T.C. Sharma & B. Krishna Prasad, for the Appellant : C.N. Sree Kumar, for the Respondent
ORDER
BY THE COURT :
The basic question in this case is :
“(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the salary of the assessee was not paid by FACT but by the foreign company, Davy Powergas Inc. ?”
This is a pure question of fact. The finding of the Tribunal has not been challenged on the ground of perversity. The finding will have to be taken as correct. Therefore, the answer to this question must be in the affirmative and in favour of the assessee.
In view of our answer to question No. 1 the other questions raised in this case need not be answered. The appeal is dismissed. There will be no order as to costs.
[Citation : 233 ITR 166]
