1. In this reference under section 256(2) of the Income-tax Act, 1961, the Tribunal has referred the following questions of law for the opinion of this court :

"(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in concluding that the revised return is totally in substitution of the original return and that the revised return alone has to be taken into consideration in completing the assessment ?

(2) Whether the Appellate Tribunal was not in error in concluding that the claim for depreciation in the original return is to be ignored when no claim is made in the revised return filed subsequently ?

(3) Whether the Appellate Tribunal was not in error in concluding that the claim for depreciation is a choice left to the assessee and cannot be allowed when not claimed in the revised return ?"

2. The assessee is a company carrying on manufacture of grinders. For the assessment years 1973-74 and 1975-76, the assessee filed revised returns whereby withdrew its claim regarding depreciation. The Income-tax Officer, however, allowed depreciation to the assessee as per details furnished by the assessee along with the original return. O