Judgment

KHANNA, J. - This appeal by special leave is against the order of Rajasthan High Court whereby the High Court held that it was functus officio to entertain an application for re-hearing the reference made under S. 66 (1) of the Indian I.-T. Act, 1922 (hereinafter referred to as the Act).

2. The assessee-appellant is carrying on business in soap stones. At the instance of the appellant, the following two questions were referred to the High Court by the Tribunal under S. 66 (1) of the Act :

"1. Whether on the facts and in the circumstances of the case the I.-T. Appellate Tribunal was justified in holding that the property in the goods passed in the customers in erstwhile part A and C States, because the railway receipts in respect of the sale of goods of the vale (sic) of Rs. 94,037/- were made out in the name of Self and were sent to the purchasess in erstwhile part A and C States, after endorsing the same in their favour?

2. Whether on the facts and in the circumstances of the case, the entire profits and gains amounting to Rs. 93,019/- arisen to the assessee firm in part A and part C States should be taken into account for the purpose of applying the test laid down under S. 4