G.S.Singhvi, J.

1. In this petition filed under Section 256(2) of the Income-tax Act, 1961, (for short, "the Act"), the Revenue has prayed for issuance of a direction to the Income-tax Appellate Tribunal, Delhi Bench "E", Delhi (for short, "the Tribunal"), to refer the following question of law for the opinion of this court:

"Whether, on the facts and in the circumstances of the case and in view of the provisions of Section 80HH(9), the Income-tax Appellate Tribunal is right in holding that the deduction under Sections 80HH and 80-I are independent deductions and are to be allowed with reference to the gross total income ?"

2. The assessee is a private limited company engaged in the manufacture of oil from mustard seeds. For the assessment year 1988-89, it filed the return on July 27, 1988, declaring an income of Rs. 2,33,450. By an order dated September 29, 1989, passed under Section 143(3) of the Act, the Assistant Commissioner of Income-tax, Investigation Circle, Hisar (hereinafter described as "the Assessing Officer"), made an addition of Rs. 1,46,752 on account of low yield declared by the assessee. He also rejected the assessees claim for deduction under Section 80-I