IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 ITR.No. 1 of 2006() ------------------- AGAINST THE ORDER IN RA. NO. 306/COCH/1997 IN ITA.127/COCH/1995 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT(S): APPLICANT ----------------------- M/S.BEST WOOD INDUSTRIES & SAW MILLS PATTIMATTOM, KIZHAKKAMBALAM. BY ADV. SRI. K.MV. PANDALAI & SMT. HEMALATHA RESPONDENT(S): RESPONDENT ------------------------- THE COMMISSIONER OF INCOMETAX, COCHIN. ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI. JOSE JOSEPH THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- I. T. R. No. 1 OF 2006 -------------------------------------------- Dated this the 9th day of December, 2009 JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the assessee and standing counsel for the respondent. Even though the matter is referred to this Court by the Tribunal based on judgment of this Court, after hearing in detail counsel for the assessee and after going through the Tribunal's order, we find that the questions raised are on pure findings on facts by the Tribunal pertaining to assessee's challenge against rejection of trade results, estimation of gross profit and specified additions for discrepancies in the accounts. Since no question referred is substantial question of law arising from the order of the Tribunal, we decline to answer the questions. Reference Case is disposed of as above. Registry will forward a copy of this judgment under the seal of the High Court and signature of the Registrar-General to the Income 2 Tax Appellate Tribunal, Cochin Bench, Cochin, for closing the matter. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3