MILVAIN, C.J.T.D.:—This application comes before me under the apparent provisions contained in Section 126A of the Income Tax Act. I say ‘‘apparent provisions’’ of the above Act for reasons that will appear later.

JACKETT, P. (orally) :—In this appeal by the appellant from its assessment under Part I of the Income Tax Act for its 1963 taxation year, the sole question at issue between the parties is whether an amount that is taxable by virtue

KERR, J.:—This is an appeal by the Minister of National Revenue from a decision of the Tax Appeal Board with respect to the Minister’s assessment of the respondent for income tax for its 1966 taxation year.

MCGILLIVRAY ? J. A. :—This : is an application for leave to appeal and for appeal’from the judgment of Henderson, J., whereby he allowed.an appeal by way of a stated case from the judgment of J. M. Seneshen, t.J. Leave to appeal was given ny.’ this