C.S.P.Singh, J. - (1.) The Income-tax Appellate Tribunal, Bombay Bench, has referred the following four questions for our opinion : "1. Whether, on the facts and in the circumstances of the case, the applicant-company was a company in which the public were not substantially interested for the purpose of section 23A of the Indian Income-tax Act, 1922 ?
(2.) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the applicant-company could not be allowed to re-agitate the question that it was not a public company in view of the admission by the applicant-company in other proceedings as the applicant-company was fully aware of its implications ?
(3.) Whether the sum of Rs. 19,43,322 was not available to the assessee-company for the purpose of distribution under section 23A of the Indian Income-tax Act, 1922 ?;