Ashwini Kumar Sinha, J.

1. These are five reference applications made u/s. 256(1) of the I.T. Act, 1961, bv the Income-tax Appellate Tribunal, Patna Bench "B".

T.C. No. 21 of 1975.

2. This is a reference application made under Sec.256(1) of the I.T. Act, 1961, by the Income-tax Appellate Tribunal, Patna Bench-A.

3. The assessment years in the first five reference applications involved are 1963-64, 1964-65, 1966-67, 1967-68 and 1968-69 and Taxation Case No. 21 of 1975, the assessment year in question is 1969-70. One identical question of law has been raised in all the assessment years. In Tax Cases Nos. 31 to 35 of 1975 the questions referred to for our opinion are as follows :

"(1) Whether under the provisions of Sec. 43(1) of the Income-tax Act, 1961, the two expressions actual cost and actual cost of the assets to assessee bear the same meaning ?

(2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that for the assessment years 1963-64, 1964-65, 1966-67, 1967-68 and 1968-69, depreciation and development rebate was allowable on the actual cost of the service lines to the assessee as reduced by the contributions by the consumer