(1.) The Income Tax Appellate Tribunal, Patna Bench, Patna has made the instant Reference under Sec. 256 (1) of the Income Tax Act, 1961 on the following substantial questions of law:-
(2.) Both the questions can be answered together, for primarily it is the second question which arises for consideration.
(3.) In Keshav Mills Co. Ltd. v. CIT, (1965) 2 SCR 908 (7 Judge bench), the Court held as under: