(1.) ON being moved by Mr. Nirmal Chandra Choudhury (hereinafter referred to as " the assessee ") by an application under Section 256(2) of the Income-tax Act, 1961 (in short," the Act"), this court directed the Income-tax Appellate Tribunal, Cuttack Bench (in short, " the Tribunal "), to state a case and refer the following question for opinion :
(2.) PURSUANT to the direction, the Tribunal has stated a case. The background facts are as follows :