Shyamal Kumar Sen, J. - (1.) On an application of the assessee under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred to this court the following question : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the disallowance of carry forward of loss and running expenses to the assessee ?"
(2.) The assessee, however, challenged the Tribunal's order by one more question on the ground of perversity which the Tribunal declined to refer.
(3.) In pursuance of an order under Section 256(2), the Tribunal drew up a statement of case and referred the said additional question separately. The question is as under : "2. Whether, on the facts and in the circumstances of the case, the findings of the Tribunal that-- (i) it cannot be said that the assessee has any intention to restart the business ; and (ii) it cannot be said that the assessee was in a position to carry on business are perverse and/or contrary to the materials on record ?";