(1.) THIS reference is at the instance of the assessee under section 256(1) of the Income Tax Act. The following questions of law have been referred to this court :
(2.) LEARNED counsel appearing for the assessee and revenue do not dispute that the questions Nos. 1,2,3, and 5 are covered by the decisions of the Supreme Court and High Court.
(3.) THE question No. 2 is concluded against the assessee by the decision in New India Industries Ltd. v. CIT : [1993]203ITR933(Guj) and Mihir Textile v. CIT : [1997]225ITR327(Guj) .