(1.) THE following question has been referred by the Income-tax Appellate Tribunal, Bangalore Bench, Bangalore, under s. 256(1) of the I.T. Act, 1961, for the opinion of this court :
(2.) THE facts, briefly stated, are these :
(3.) THE assessee thereupon appealed to the Income-tax Appellate Tribunal. THE Tribunal by following its earlier judgment in I.T.A. Nos. 590 & 591 (Bang)/77-78 and I.T.A Nos. 596 (Bang)/77-78, dated January 31, January 31, 1979, allowed the appeal by observing thus :