- (1.) HAVING heard counsel for the petitioner and the Department, we are of opinion that the following two questions of law do arise from the order of the Tribunal : "(1) Whether, on the facts and circumstances of the case, the depreciation on cinema building and machinery is allowable as income from cinema being business income ? (2) Whether, on the facts and circumstances of the ease, the mere, observation made by the Commissioner of Income-tax (Appeals) in his order that the assessee has made admission regarding the income from house building and cinema machinery as property income without any material on the record can be treated as the conclusive admission of the assessee ?" Accordingly, the Tribunal is directed to prepare a statement of case and refer the above two questions under Section 256(2) of the Act for the opinion of this court.;