- (1.) Heard learned counsel for the Revenue. None appears for the assessee.
(2.) On an application under Section 256(2) of the Income-tax Act, 1961, the Tribunal was directed to refer the following questions for the opinion of this court. "1. Whether, on the facts and in the circumstances of the case, there was any mistake apparent from the records within the meaning of Section 254(2) of the Income-tax Act, 1961, and whether the Tribunal was justified in holding that the income arising out of the unsold flats should be assessed as business income and not as income from house property ? 2. Whether, on the facts and in the circumstances of the case, the order passed by the Tribunal under Section 254(2) of the Income-tax Act, 1961, is sustainable in law ?"
(3.) The aforesaid questions have been referred for the opinion of this court.;