1. In view of the decision of this Court in Phool Chand Bajrang Lal v. ITO , the plea raised herein by the assessee does not merit consideration. In view of the said decision, question No. 1 has necessarily to be answered against the assessee and in favour of the Revenue. We order accordingly. So far as question No. 2 is concerned, since it is merely an order of remand, it cannot be said to constitute a question of law which merits consideration by us. The appeal is accordingly dismissed. No costs.