1997 (2) TMI 36

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....was delivered by N. K. AGRAWAL J.---The following two questions of law are sought to be referred to this court for opinion under section 256(2) of the Income-tax Act, 1961 (for short, "the Act") : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that there was no mistake apparent from the records which could be rectified under....

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....d as not allowable. The Assessing Officer, therefore, withdrew the E.S.A. vide order passed under section 154 of the Act. The assessee went in appeal with the plea that electric installation was part and parcel of plant and machinery and E. S. A. had been rightly allowed in the original assessment order. It had earlier been allowed in the assessment year 1973-74 by the Income-tax Appellate Tribuna....