( 1 ) THE Income Tax Appellate Tribunal, Bangalore Bench has stated a case and referred under S. 256 (1) of the Income Tax Act, 1961 (hereinafter called the 'act') the following question of law for the opinion of this Court. " Whether on the facts and circumsatnqes of the Assessee's case when there was a change in the constitution of the Assessee firm the appellate Tribunal was justified in law in holding that only one assessment should be made. "

( 2 ) THE assessee is a partnership firm carrying on business in the manufacture of Agarbatties. The assessment year is 1966-67 for which the relevant previous year is the year ended 31-3-1966. There was a change in the constitution of the firm on 1-9-1965. Before the said date there were six partners in the firm. Thirteen more partners were introduced into the firm with effect from 1-9-1965.

( 3 ) THE, assessee filed a return on 1-8-1966 declaring an income of rs. 1,12,628. However, the said return was revised and two returns were filed in 31-10-1966; one return was for the period from 1-9-1965 to 31-3-1966. The contention of the assessee was that a new firm was constituted with effect from 1-9-1965 and therefore, for th