CHITRA VENKATARAMAN, J.

1. The Revenue has preferred in T.C.(A) No.1253 and 1254 of 2005, raising the following substantial questions of law, with regard to the assessment year 1995-96:

1. Whether, in the facts and circumstances of the case, the Tribunal was right in equating a proposal to expand the capacity of production with extension of industrial undertaking under Section 35D of the Income Tax Act?

2. Whether on the facts and circumstances of the case, the Tribunal was right in holding that the expenses related to the 'Euro issue' by the assessee were entitled to be amortised under Section 35D of the Income Tax Act?

2. The assessee is also on appeal before this Court in T.C.(A) Nos.1256 of 2005, raising the following substantial question of law, with regard to the assessment year 1995-96:

" Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the word "being" as used in Section 35D(2)(c)(iv) is not 'illustrative' but only 'restricted' to?

These three appeals arise out of the common order of the Tribunal in the appeals filed by the assessee as well as by the Revenue.

3. The issues raised in these appeals relate