( 1 ) IN this reference under Section 256 (1) of the I. T. Act, 1961, two questions have been referred to this court which are as follows:" (1) Whether, on the facts and in the circumstances of the case, and on a proper interpretation of Section 2 (45), Section 80b (5) and Section 80a (2) of the Income-tax Act, 1961, the Tribunal was correct in holding that the deduction under Section 80m of the said Act should be calculated with reference to the total income and gross total income as they stood before setting off the losses under Section 71 or Section 72 of the Act ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the mistake, if any, in the allowance of relief under Section 80m in the original assessment orders was not a mistake apparent from the record that could be corrected under Section 154?"

( 2 ) SO far as the first question is concerned in view of the ratio of the decision of this court in the case of National Engineering Industries Ltd. v. CIT [1978] 113 ITR 252 and the ratio of the decision of the Supreme Court in the case of Cloth Traders (P.) Ltd. v. Addl. CIT , the question is answered in