1. THIS appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), has been preferred by the Commissioner of Income-tax, Allahabad, against an order dated November 5, 1998, passed in ITA No. 2343 (Alld.) of 1993 for the assessment year 1991-92. The following substantial questions of law are stated to arise out of the said order:

"(i) Whether the Tribunal was justified in dismissing the Departmental appeal and holding that audit report was obtained before the specified date in view of the fact that it was prepared on the last date of the specified date, i.e., on October 31, 1991, and without confirming/verifying when it was obtained by the assessee in view of the fact that it was filed along with the return of income on January 20, 1992 ?

(ii) Whether the Tribunal was justified in holding that audit report was obtained before the specified date as provided under Section 44AB of the Income-tax Act, 1961, in view of the fact that audit report (as is evident from the date given on it) itself was prepared on October 31, 1991 ?

(iii) Whether the Tribunal was justified in holding that there was no requirement of law, as it stood at the relevant