AJIT K. SENGUPTA, J.

( 1 ) IN this reference made at the instance of the Revenue, the following two questions have been referred by the Tribunal under Section 256 (2) of the Income-tax Act, 1961, for the opinion of this court for the assessment year 1971-72 : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that a sum of Rs. 2,51,350 relating to the railway siding should be included in the computation of capital of the fertilizer project of the assessee for the purpose of arriving at deduction allowable under Section 80j of the Income-tax Act, 1961 ?

( 2 ) WHETHER, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the development rebate and depreciation were allowable in respect of Rs. 2,51,350 relating to the aforesaid railway siding ?"2. The facts which are admitted and/or found by the Tribunal are as under : during the year under consideration, the assessee had two projects in operation, viz. , Detonator Project (Explosive) Division and Fertilizer Project. In computing the capital in the fertilizer project, the Income-tax Officer did not include a sum of Rs. 2,51,351 claimed to be t

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