(1.) THE Income-tax Appellate Tribunal, Bombay, Bench on an application of the revenue under Section 256(1) of the I.T. Act of 1961 stated these two cases and referred the following two questions for the opinion of the court:
(2.) THE relevant assessment years are 1968-69 and 1969-70. At the instance of the revenue, two similar questions had been referred to us earlier and by judgment dated 16th of August, 1976, a Bench of this court, including one of us, held in favour of the revenue and against the assessee. [CIT v. Belpahar Refractories Ltd. [1977] 109 ITR 667 (Orissa)]. We are told at the Bar that the matter is pending in appeal at the instance of the assessee before the Supreme Court. THE questions then referred were: