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