CHAKRAVAETTI, C. J.

( 1 ) THIS is a Reference under Section 66 (1), Indian Income-tax Act of a question of law which so far as this Court is concerned, is a question of first impression. Broadly stated, the question is whether the only partnership which can be registered under Section 26a, Income-tax Act for the purposes of a particular assessment is a partnership created, by an instrument executed at or before the commencement of the relative accounting year or whether a partnership created by verbal agreement can also be registered, if the agreement is subsequently embodied in an instrument although, so far as the relative accounting year is concerned, the partnership may have rested solely in the verbal agreement,

( 2 ) THE facts out of which the question has arisen in the present case are as follows. With respect to its assessment for the assessment year 1949-50, an alleged firm, calling itself Messrs R. C. Mitter and Sons, made an application for registration and, along with the application, filed an instrument of partnership executed on 27-9-1949. The relative accounting year was the period between 14-4-1949, and 13-4-1949. The applicant's case was that a partnership had bee

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