( 1 ) THE Income Tax Appellate Tribunal, Hyderabad Bench has referred the following questions of law to this court under Section 66 (1) of the, Indian Income Tax Act:-" (I) On the facts and in the circumstances, of this case, was the order of assessment made by the Income Tax Officer under Section 23 (4) on 30-9-1953 bad in law? (ii) If the answer to the above question is in the negative, was not the applicant liable for the amount of tax payable, as determined in that order of assessment, by reason of Section 44 of the Income Tax Act"?

( 2 ) THE relevant facts of the case are as follows; Three persons, namely, (i) Baba Gowd, (ii) Pir-kit Venkata Raj Reddy and (iii) Raj Reddy Mallaram formed an association called "nizamabad Group Liquor Shops" (hereinafter referred to for the sake of convenience as Association) for the year 1358 Fasli and did business of liquor contract. The Association became dissolved at the end of 1358 Fasli. The Association ceased to exist altogether and the business done by it has been discontinued. On the facts concerned in this case, there does not seem to be any need to draw a distinction between discontinuance and dissolution, so far as the Associ