DIPAK KUMAR SEN, J.

( 1 ) IN this reference under Section 66 (1) of the Indian Income-tax Act, 1922, the following questions have been referred : assessment year 1955-56"1. Whether, on the facts and in the circumstances of the case, the goodwill of the assessee-company constituted a 'fixed asset' within the meaning of proviso (b) to Section 23a (1) of the Indian Income-tax Act, 1922, as the section stood at the relevant time ? 2. Whether, on the facts and in the circumstances of the case, the amounts written off from goodwill account by debiting capital reserve account and profit and loss account constituted 'reserves representing accumulations of past profits' within the meaning of proviso (b) to Section 23a (1) of the Indian Income-tax Act, 1922 ? "assessment years 1958-59, 1959-60 and 1960-61"1. Whether, on the facts and in the circumstances of the case, the goodwill of the assessee-company constituted a 'fixed asset' within the meaning of Explanation 2 (iv) (a) to Section 23a of the Indian Income-tax Act, 1922? 2. Whether, on the facts and in the circumstances of the case, the amounts written off from goodwill account by debiting capital reserve account and profit and loss acc

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