Y.R.Meena, J. - (1.) On these five reference applications, i.e., Income-tax Reference No. 5 of 1987, Income-tax Reference No. 41 of 1990, Income-tax Reference No. 70 of 1987, Income-tax Reference No. 93 of 1987 and Income-tax Reference No. 199 of 1993, the Tribunal has referred the following questions
(2.) The common question for the assessment years 1978-79 and 1979-80 in Income-tax Reference No. 41 of 1990 and Income-tax Reference No. 5 of 1987 : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in allowing the claim of the investment allowance of the assessee under Section 32A of the Income-tax Act, 1961, and in that view was correct in modifying the order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act, 1961, for allowing the claim ?"
(3.) The common question in the assessment years 1978-79 to 1981-82 and 1983-84 : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee fulfilled the conditions laid down in Section 32A of the Income-tax Act, 1961, and in that view upholding the order of the Commissioner of Income-tax (Appeals) allowing the assessee's claim for investment allowance amounting to Rs. 20,39,759 under Section 32A of the said Act, for the assessment year 1981-82 ?";