Judgement

MAHAJAN C.J.I. : This appeal by special leave is directed against an order of the High Court of Judicature at Bombay, whereby the High Court summarily dismissed an application made under S. 66(2), Indian Income-tax Act, 1922, requiring the Income-tax Appellate Tribunal to state a case and refer to it the question of law said by the appellant to arise out of the order of the Tribunal.

2. The appellant is a Hindu undivided family, comprised of Dhirajlal and his two brothers Hiralal and Kirtilal. Dhirajlal being the karta of the family. Girdharlal Trikamlal who was the father of Dhirajlal, Hiralal and Kirtilal, was, the head of the joint Hindu family before his death on 26-7-l945: During his life time he and one of his sons Dhirajlal were also carrying on business separately in their firm name Girdharlal Trikamlal & Co., as dealers in stocks and shares. This firm was dissolved on the death of Girdharlal and a new firm comprised of Dhirajlal and his younger brother Hiralal was formed with the object of taking over the business formerly carried on by Messrs. Girdharlal Trikamlal & Co. Girdharlal had an account with the firm of Girdharlal Trikamlal & Co. and on the date of his de