(1.) There are two questions in this reference under s. 256(1) of the IT Act, 1961, made at the instance of the assessee. The first question reads thus :
(2.) Counsel are agreed that it is covered by the decision of this court in I.T.R. No. 203 of 1970, R. Kilachand, Bombay v. CIT, delivered on 12-2-1979 by Chandurkar and Desai, JJ. Following that judgment, the 1st question is answered in the affirmative and in favour of the assessee.
(3.) The question reads thus :