Om Prakash, J.:— Upon hearing learned standing counsel, we are of the view that question No. 1 is a question of law and that does arise from the Tribunal's order dated November 7, 1986.
2. We, therefore, direct the Tribunal to draw up the statement of the case and refer the following question for the opinion of this court:
“1. Whether, on the facts and in view of the legal position as mentioned in the statement of facts, the Tribunal could be said to be legally correct in setting aside the order passed under section 263 of the Income-tax Act, 1961, by the Commissioner of Income-tax?”
3. The application is partly allowed.