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 finding of the Tribunal had not been challenged as perverse and hence no question of law arose for reference.

R.D. Jolly with R.K. Chaufla for the Commissioner.

JUDGMENT

On consideration of material on record Tribunal has recorded a finding of fact that Oswal Tailors is an independent entity and is not the benami of the assessee-company and the business activity is being carried on by Oswal Tailors in its own name and that no evidence has been brought on record to show that the income from the export business carried on by Oswal Tailors is the income of the assessee-company. The finding of the Tribunal has not been challenged as perverse. No question of law arises. Dismissed.

M. B. A./4011/FC Order accordingly.