- (1.) . Heard learned counsel for the parties.
(2.) . This is an application under Sec. 25G (2) of the Income Tax Act 1961 at the instance of Commissioner of Income Tax, Jodhpur requiring the Income Tax Appellate Tribunal to slate the case and refer the two questions of law said to be arising out of order of the Tribunal in l.T.A. No. 262/JP/92 to this Court for-its opinion. The questions of law proposed are as under: "1. Whether on the facts and in the circumstances of the case the Hon'ble ITAT was justified in law in upholding the decision of the learned CIT (A), directing the AO to allow deduction under Sec. 32AB 2. Whether on the facts and in the circumstances of (he case the Hon'ble ITAT was legally justified in holding that the issue of claim under Sec. 32AB of the Act is debatable even though the provisions of section 32A (80) and 32AB (10) of the Act are very clear and these provisions have been further clarified by Circular No. 559 dated 4.5.90 of the CBDT"
(3.) . The Tribunal has refused the application under Sec. 256(1) for referring the aforesaid two questions to this Court.;