A.N.GROVER, J.

(1) THIS is an appeal by special leave from the judgment of Calcutta High court refusing to require the Income-tax Appellate jornal to state the case and to refer to it certain questions of law which claimed arose from the order of the tribunal, dated 13/03/1964, to the assessment year 1954-55.

(2) THE respondent-company was engaged during the previous year on 31/12/1953, relevant to the assessment year 1954-55 in and dealing therein. Madan Lal was one of the directors of company. He had taken for himself a lease of mining rights of village Gadi Majladih in the district of Hazaribagh for a period of 15 years from 1/04/1928. The lease was to expire on 31/03/1943. According to the terms of the lease the lessee had the option of renewal for a further period of 20 years on the expiry thereof. Madanlal gave a sub-lease of the mining rights to the respondent-company with the same covenants for renewal for alike period. On the expiry of the lease on 1/04/1943, the lessee refused to renew the lease. Madanlal filed a suit on 15/04/1953, for specific performance of the contract. The suit was dismissed by the learned subordinate Judge but during the