R.K. Gulati, J. - (1.) These are two connected applications under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), filed at the instance of the Commissioner of Income-tax, Allahabad. Income-tax Application No. 272 of 1991 is in respect of the assessment year 1968-69 in which the following three questions have been proposed : "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that in reassessment proceedings the Assessing Officer was not competent to consider those items in respect of which the hon'ble court on a writ petition under Article 226 of the Constitution of India had held that there was full and true disclosure ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right 'in not considering the principle laid down by the hon'ble Supreme Court in the case of CIT v. A, Raman and Co. [1968] 67 ITR 11, defining the scope of the hon'ble High Court's order on a writ petition challenging the reassessment proceedings ? (3) Whether in the absence of any material on record the hon'ble Tribunal was correct in law in holding that expenditure of Rs. 1,93,581 incurred during the setting up of plant and machinery was revenue expenditure ?"
(2.) The other application, i.e., Income-tax Application No. 273 of 1991, is in respect of the assessment year 1969-70 in which the following two questions have been proposed : "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that in reassessment proceedings the Assessing Officer was not competent to consider those items in respect of which the hon'ble High Court on a writ petition under Article 226 of the Constitution of India had held that there was full and true disclosure ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in not considering the principle laid down by the hon'ble Supreme Court in the case of CIT v. A, Roman and Co. [1968] 67 ITR 11, defining the scope of the hon'ble High Court's order on a writ challenging the reassessment proceedings ?"
(3.) A common prayer in these applications is that the Income-tax Appellate Tribunal may be directed to refer the aforesaid questions for the opinion of this court. .;