COMMISSIONER OF INCOME TAX Vs. CROSS FRASER DIVISION

JUDGEMENT

(1.) THE questions referred to us at the instance of the Revenue and the assessee, arising out of the assessment of the income of the assessee-company, for the assessment years 1980-81 and 1981-82 are :

(2.) WHETHER the grossing up of the tax as worked out by the Tribunal is correct in law ?"

(3.) OUR answer to the question referred to us at the instance of the assessee, therefore, is that the Tribunal was right in holding that the fee paid for supervision of erection of machinery did not constitute part of the sale price of the machinery and was taxable in the hands of the assessee in the two assessment years 1980-81 and 1981-82.