R. K. GULATI, J. ( 1 ) UPON hearing the parties, we are satisfied that the following question of law does arise out of the order passed by the Income-tax Appellate Tribunal : " (1) Whether in law and on the facts of the case, the Income-tax Appellate Tribunal was justified in arriving at a conclusion that only the net amount paid by the firm to a partner after adjusting interest paid by him to the firm should be disallowed under Section 40 (b) of the income-tax Act, 1961, irrespective of the fact that the amount of interest is received by him in a capacity other than the capacity in which he paid interest to the firm or is a partner in the firm ?" ( 2 ) ACCORDINGLY, we direct the Income-tax Tribunal to draw up a statement of the case and refer the above question for the opinion of this court. ( 3 ) PARTIES shall bear their own costs. .