, J.

1. In Income-tax Appeal No. 1845 of 1992, the Revenue wanted the following additional question of law to be referred to this court in terms of Sub-section (2) of Section 256 of the Income-tax Act, 1961 :

"Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that for the computation of income under Section 115J, depreciation is to be allowed in accordance with the Income-tax Rules and not as per the provisions of schedule XIV of the Companies Act ?"

and in I.T.A. No. 1893 of 1992, a prayer was made to refer the following question also to this court for opinion in terms of the provisions of the Income-tax Act, 1961 :

"Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in law in holding that the provisions of Section 80-I(8) are not applicable in this case ?"

2. After hearing learned counsel for the parties and perusing the record, we agree with the finding of the Income-tax Tribunal that the applicability of Section 115J of the Income-tax Act in the instant case was of only academic importance and not likely to affect the merits of the case. The ass