Rectification
This query is : Resolved
22 November 2011
What is the Difference between a Question of Fact & a Question of Law?
22 November 2011
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https://www.caclubindia.com/experts/question-of-law-and-question-of-fact-800730.asp
https://www.caclubindia.com/experts/question-of-law-and-question-of-fact-800730.asp
22 November 2011
For Example:
Assessee is in the business of providing skilled manpower on contractual basis to the concerns who require their skills.
the Assessee takes a stand that his is a Consultancy business, and not a contractual business.
whether it is a question of fact or law?
and how?
Assessee is in the business of providing skilled manpower on contractual basis to the concerns who require their skills.
the Assessee takes a stand that his is a Consultancy business, and not a contractual business.
whether it is a question of fact or law?
and how?
22 November 2011
Example 2)
The Assessee is a Trust, but is assessed as a Partnership Firm.
Whether it is a question of fact or law?
and how?
The Assessee is a Trust, but is assessed as a Partnership Firm.
Whether it is a question of fact or law?
and how?
23 November 2011
Both the examples are questions of fact as they involve verification exercise.
Example 1 - Whether the assessee is carrying on consultancy or contractual business can be found out by enquiring into the nature of the transactions. It does not involve interpretation of law.
Example 2 - Whether an entity is a partnership firm or not can be established from the documents of creation, trust deed, etc. It does not involve interpretation of law.
Example 1 - Whether the assessee is carrying on consultancy or contractual business can be found out by enquiring into the nature of the transactions. It does not involve interpretation of law.
Example 2 - Whether an entity is a partnership firm or not can be established from the documents of creation, trust deed, etc. It does not involve interpretation of law.
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