- (1.) In Income-tax Reference No. 73 of 1989 the Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(2) of the Income-tax Act, 1961, hereinafter referred to as "the Act", for opinion to this Court : Whether, on the facts and circumstances of the case, the Tribunal is justified in Jaw in holding that deduction under sections 80J and 80HH is admissible to the assessee in respect of the capital employed in project No. 2 ?
(2.) Whereas in Income-tax Reference No. 109 of 1986 the Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(2) of the Act for opinion to this Court : Whether, on the facts and circumstances of the case, the Tribunal is justified in law in holding that the assessee was entitled to deduction under Section 80HH of the Income-tax Act, 1961 ?
(3.) The reference relates to the assessment year 1981-82. Since both the questions relate to the same assessee and involve the same controversy they have been heard together and are being decided by a common judgment.;