V. S. DESAI J. -On a requisition by the High Court under s. 66 (2) of the Indian Income -tax Act, 1922, the Income -tax Appellate Tribunal has drawn up a statement of the case referring the following question which it was directed to refer :

"Whether on the facts and in the circumstances of the case, was the Tribunal justified in holding that the application for registration was rightly rejected by the Income -tax authorities on the ground that there was no instrument of partnership?"

2. The question arises out of the proceedings relating to the assessment of the assessee for the assessment year 1950 -51, for which the relevant accounting year was the year ended on December 31, 1949. The business of the assessee was of exporting raw wool procured in Rajasthan to England and America. It also owned a factory for ginning and pressing wool, an ice factory and a flour mill at a place in the erstwhile Indian State of Palanpur. The States in which the assessee was carrying on its business merged in the Indian Union, and from August I, 1949, the Indian Income -tax Act, 1922, became applicable to the area. For the purpose of the assessment of the assessee for the year 1950 -