1. ' Heard Shri Rakesh Agarwal and Shri V.K. Pandey for the assessee and learned standing counsel for the Department.
2. ' In this case, three questions have been sought to be referred to us for our opinion under section 256(2) of the Income Tax Act, 1961. On the facts and circumstances of the case, we are of the opinion that question No,1 which is as follows is a question of law which deserves to be referred: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the order passed by the Income-tax Officer under section 154 was justified and in accordance with law when the matter was arguable and there was no mistake apparent on the record?"
3. ' Question No,1 covers Questions Nos.2 and 3 hence those questions need not be called for. Hence, we direct the Income-tax Appellate Tribunal to prepare a statement of the case and refer the aforesaid question for our opinion.
4. ' Application is allowed.