COMMISSIONER OF INCOME TAX Vs. VIKRAM PLASTICS

JUDGEMENT

(1.) THE Revenue has filed these applications under S. 256(2) of the IT Act, suggesting the following questions in paragraph 4 of these applications : IT Ref. No. 200/98 :

(2.) WE have not reproduced the question No. 1 which is not pressed as stated in paragraph 6 of the applications.

(3.) THE Tribunal, as regards the raw material used, took note of the facts that according to the assessee, the average weight changed from time to time looking to the quality and market requirements. The explanation so offered has not been controverted by the Revenue by bringing any material on record, as held by the Tribunal. Looking to the explanation offered and three sets of details of average weight found and furnished before the lower authorities on different occasions, the Tribunal observed that there was preponderance of probability that the average weight of various items manufactured saw change from time to time from heavier quality to lighter quality and looking to such trend there was every possibility that the average weights of various items furnished during the appellate proceedings were in vogue during the current assessment year and the average weight thereafter, changed to higher side. In our view, these are all questions of fact and there is no question of law involved.