( 1 ) THIS is an application under Section 256 (2) of the Income-tax Act, 1961, by the Commissioner of Income-tax for asking the Tribunal to state the case on the following questions : 1. Whether the Income-tax Appellate Tribunal was legally correct in confirming the order of the commissioner of Income-tax (Appeals) deleting the addition of Rs. 1,68,410 despite the fact that the appeal of the assessee was earlier dismissed by the Income-tax Appellate Tribunal ?

( 2 ) WHETHER the Tribunal was justified in relying on the bank letter filed by the assessee before the tribunal and ignoring the letter of the bank dated February 7, 1982, certifying the physical verification of stock worth Rs. 3,80,446 as on February 28, 1979 ?

( 3 ) WHETHER on the facts and circumstances of the case, the Tribunal was justified in confirming the order of the Commissioner of Income-tax (Appeals) deleting the addition of Rs. 1,68,401 ?

( 4 ) WHETHER the findings of the Tribunal are not contrary to its own findings recorded in the assessees appeal before the Tribunal in their earlier decision ?

( 5 ) WHETHER the Tribunal was justified in observing that there was no material on the basis of which on