BHAGABATI PRASAD BANERJEE, J.

( 1 ) THE Tribunal has referred the following questions of law to this court under Section 256 (1) of the Income-tax Act, 1961 :"1. Whether, on the facts and in the circumstances of the appellant's case, the Tribunal was right in law in confirming the order of the Commissioner of Income-tax (Appeals ) in upholding the Assessing Officer's action in reopening the assessment of the appellant for the assessment year 1974-75/1973-74 ? 2. Whether, on the facts and in the circumstances of the appellant's case, the Tribunal was justified in law in confirming the reassessment proceedings inasmuch as there was no information in consequence of which the Inspecting Assistant Commissioner could have reason to believe that income chargeable to tax has escaped assessment ? 3. Whether, on the facts and in the circumstances of the appellant's case, the Tribunal was justified in law in holding that the point as to the assessability of the service charges as income from business cannot be raised in the reassessment proceedings ? 4. Whether, on the facts and in the circumstances of the appellant's case, the Tribunal was justified in holding that depreciation and insuranc

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