Honble MATHUR, J.–All these applications under Section 256 (2) of the Income Tax Act. 1961, hereinafter referred to as `the Act of 1961 which pertain to the Assessment Year 1993-94, have been filed at the instance of the Revenue seeking mandamus to the Tribunal for drawing up statement of case and to refer the different questions formulated in each Reference Application. Though the questions have been differently worded in each Reference application but it is agreed by the learned counsel for the Revenue as well as for the respondent assessee that following common questions are involved in this group of Applications:

(i). Whether on the facts and in the circumstances of the case, the ITAT was justified in its interpretation of Sec. 40 (b) of the Income Tax Act and then holding that the claim of the assessee for interest on capital contribution by the partners and salary to the working partners is covered by the said provisions?

(ii). Whether in the facts and circumstances of the case, the ITAT was justified in allowing the claim of depreciation interest and salary to partners etc. despite the income being determined by applying net profit rate after rejecting the books of accounts

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