(1.) THE Revenue has filed this application under Section 256(2) of the Income-tax Act, 1961, requiring the Income-tax Appellate Tribunal to refer the following question stated to be question of law for opinion of this court :
(2.) IT appears that the assessee had claimed deduction under Section 80-I which was disallowed by the Assessing Officer but was later allowed by both the Commissioner of Income-tax (Appeals) and the Tribunal after it was found that the assessee had filed the audit report dated October 20, 1989, in Form No. 10CCB during the assessment proceedings.