- (1.) Special leave granted.
(2.) After hearing counsel for the parties, in our opinion the High Court vas not correct in dismissing the application under Section 256 (2) of the ncome Tax Act. Question of law does arise. We, therefore, allow the appeal and direct the Tribunal to state the case and refer the following question of law to the High Court: "Whether on the facts and in the circumstances of the case, benefit of section 80-HHC can be claimed on the total income after deduction of unabsorbed losses and unabsorbed depreciation or otherwise -;